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14 1 CITY COUNCIL AGENDA PACKET
August 31, 1993
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AGENDA
CITY OF DENTON CITY COUNCIL
August 31, 1993 (J
Work Session of the City of Denton City Council on Tuesday, August
31, 1993 at 5:15 p,m. in the Civil Defense Room of City Hall, 215
E. McKinney, Denton, Texas at which the following items will be
considered:
NOTE: Any item listed on the Agenda for the Work session may
also be considered as part of the Agenda for the Regular Session.
5:15 P.M.
1. Executive Sessions
A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T,S.
1. Consider litigation against design architects of
Martin Luther Kings, Jr. Recreation Center.
B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S.
1. Consider purchase of land on Foster Road.
C. Personnel/Board Appointments Urder Sec. 2(g), Art.
6252-17 V.A.T.S.
2. Receive a report and hold a discussion regarding the
submission of the Denton Rails to Trails project and
University Drive landscaping as candidates for Statewide
Transportation Enhancement funding and give staff direction.
3. Consider a report and the adoption of an ordinance amending
the City's solicitation ordinance.
4. Receive and consider a recommendation from the 191 Committee
regarding amendments to the 5 year Capital Improvement Plan
and give staff direction.
5. Receive a report and hold a discussion regarding the proposed
utility rates.
Special Call Meeting of the City of Denton City Council on Tuesday,
August 31, 1993 at 7:00 p.m. in the Council Chambers of City Hall,
215 E. McKinney, Denton, Texas at which the foll:owing items will be
considered:
7:00 p.m.
1. Pledge of Allegiance
2, Consider approval of the minutes of the Regular Meeting of
August 3, 1993 and the Special Call meeting of August 10,
1993.
Ap*1
City of Denton City Council Agenda a
August 31, 1993
Page 2
3. Public Hearings
A. Hold a public hearing regarding the adoption of the
proposed 1993-94 City of Denton Annual Program of
Services.
4. Citizen Reports
A. Receive a citizen report from Todd Sons regarding A.M.
Baker's produce stand on Mingo Road and Ruddell Street.
B. Receive a citizen report from Dessie Goodson regarding
general issues affecting the City.
5. Public Requests
A. Consider an exemption to the noise ordinance for the
First Baptist Church of Krugerville on Saturday,
September 11, until 11:00 p.m. at the North Texas State
Fairgrounds.
B. Consider approval of a resolution temporarily closing a
20 foot portion of Avenue E from a point 100 feet north
of Eagle Drive to a point 120 feet north of Eagle Drive
on September 18, September 25, October 9, October 23,
November 6 and November 13, 1993 for pedestrian safety
during UNT home football games.
6. Consent Agenda
This item is recommended by the Staff and approval thereof
will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or h1s
designee to implement each item in accordance with the Staff
recommendations. The City Council has received background
information and has had an opportunity to raise questions regarding
this item prior to consideration.
Listed below is the bid to be approved for payment under the
ordinance section of the agenda. Detailed back-up information is
attached to the ordinance (Agenda item 7.A). This listing is
provided on the Consent Agenda to allow council Members to discuss
or withdraw an item prior to approval of the Consent Agenda. Upon
the receipt of a "request to speak" form from a citizen regarding
an item on the Consent Agenda, the item shall be removed and be
considered before approval of the Consent Agenda.
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City of Denton City Council Agenda
August 31, 1993
Page 3
A. Bids and Purchase Orderst
1. Bid 01529 - Precast t3anholes
7. Ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1. - Bid 11529)
B. Consider adoption of an ordinance authorizing the City
Manager to execute an agreement with First Southwest
Company for professional services in accordance with the
previsions of State law exempting such services from the
requirement of competitive bids.
C. consider adoption of an ordinance authorizing the City
Manager to execute, on behalf of the City of Denton, an
interlocal agreement with the Texas Water Commission for
the acceptance of grant funds to be utilized to implement
a used oil recycling program.
8. Resolutions
A. Consider approval of a resolution approving the
submission of two proposed projects to the North Central
Texaa Council of Governments and the Texas Department of
Transportation as candidates for Statewide Transportation
Enhancement Funding.
B. Consider approval of a resolution approving the fiscal
year 1994 financial plan of the DENCO Area 9-1-1
District, pursuant to Article 1432e V.A.T.A.
C. Consider approval of a resolution authorizing the City
Manager to execute a public transportation contract with
the Texas Department of Transportation for funding public
transportation.
9. Consider approval of a resolution approving an application to
the Texas Water Commission to amend Certificate of
Adjudication 08-2340 which changes 51 acre foot per annum of
the 89.28 foot per annum of irrigation water rights to
recreation water rights.
10. Consider appointments to the Traffic Safety Commission, the
Community Development Advisory Committee, the Electrical Code
Board, and the Historic Landmark Commission.
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City of Denton City Council Agenda 7
August 31, 1993 a
Page 4
11. Miscellaneous matters from the City Manager.
A. Discuss Major Budget Issues for the 1993-94 Anniial
Program of Services and give staff direction.
12. New Business
This item provides a section for Council Members to suggest
items for future agendas.
13. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
14. Executive Session:
A. Legal Matters Under Sea. 2(e), Art. 6252-17 V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g), Art.
6252-17 V.A.T.S.
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Nall of the City of Denton, Texas, on
the day of , 1993 at o'clock (a.m.)
(P.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDDj BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
ACCO0142
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DATE: August 311 1993
' 7
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Transportation Enhancement Funding Applications
RECOMMEJDATIONi
Approve a resolution for submission of University Drive
landscaping, Malone to Alice Drive and IH35 to Mesa and the
Denton Rails to Trails Project.
,SUMMARY:
See Attachment 1.
Denton Rails to Trails is eight miles long in the old
railroad between Denton and Corinth and includes moving and
renovation of the old train station. Costs $400,000. See
Attachment 2. This includes $50,000 to move and renovate
the old train station. It is a regional transportation
enhancement.
University Drive landscaping completes landscaping in the
plantable medians and includes an entranceway treatment
west of IH35. There are only three medians, about 500
linear feet, between Malone and Alice to landscape. The
rest will be used
for
widening v
lanes, cost: $58,000. University Drive to six
Adding irrigation and grass in the existing medians, which
would be removed no earlier than 1998 when the lanes are
added, would be about $66,000.
BACKGROUND:
TxDOT notified the City on August 9 that enhancement
funding must be submitted by November 6, 1993. NCTCOG has
notified us that submission to them will be "mid-
September". This program is part of the 1991 ISTEA, which
provides for 101 of federal highway funding to states to be
spent for enhancements on a 801 federal 201 state or local
match basis.
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PROGRAMS. DEPARTM.HTR OR GROUPS AFFECTS D1 a 7
Parks Department for maintenance,
Corinth.
FISCAL IMPACTS
The city share of the match would be $92,000 to $100,000.
TXDOT will reimburse the City for 801 of the costs. If the
applications are approvedt four funding sources are
available as fol3owst 1) reallocated sold highway bonds:
2) sell new bonds (CO's or general revenue), 3) general
revenue, and 4) in kind work by oity staff, such as design
and soil placement. Annual mowing and litter costs for the
Rails to Trails is about $13,500. University Drive
maintenance and irrigation is about $2,500, annually for
the three medians or about $9,000 if all the existing
medians are planted.
Respect;ully cubmittedi
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Prepared byt Cit Manager
Fra Robbins -
WI-C--P--Executive Director
Planning and Development
Attachment:
1. Project components,
2. Rails to Trails Costs,
3, Maps.
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ATTACHMENT 1
Denton Rails to Trails $350,000.
Move and renovate train station 50,000,
TOTAL $400,000.
Univgraity Drive Landscaping
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Entranceway at IH55 to Mesa $ 25,000.
Trees, grass, and irrigation
in three medians 33,000.
Grass and irrigation
in existing medians 66,000.
TOTAL $1240000.
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ATTACHMENT 2 r7
DENTON RAILS TO TRAILS
Program/Cost Estimate
DESCRIPTION UNIT ESTIMATED
PRICE COST
Handrail - two rails, 211 diameter and 32" $15.50 $38,130
hei ht, 2460 linear feet.
Restore ends of Trestles $9,800
Deck Trestles with 3/811 plates-plat $8,000
expanded
511 Chat Rock 8.3 Miles, 7,538 tons $8.20 $61,812
Prepare, spread, and compact rock, 71538 $17.50 $1311915
tons
Signage at street crossings contingency $200343
Consultant Fees/Contingency $55,000
Bridge near Robertson $25,000
Move and restore train station $50,000
PROJECT TOTAL $400,000
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CITY COUNCIL REPORT ~i~,,U ¢G
TOi Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECTt Draft Ordinance Regarding Charitable Solicitation at
Intersections
DATE: August 31, 1993
BACKGROUND:
At the August 24, 1993 work session the City Council directed staff
to draft a solicitation ordinance allowing charitable contributions
in the roadways. The City Council specified various permitting
requirements that were to be included in the ordinance. In
general, they included liability and insurance information, proof
of charitability, time and place regulations, and other safety
regulations.
SUMMARYs
At the request of the City Council, the Legal Department has
drafted two ordinances for consideration. The ordinances amend
Section 25-5 of the Denton Code of Ordinances, Soliciting Business
or Charitable Contributions. The first ordinance includes a
provision of insurance for the applicants. There are blanks left
for the amount of coverago desired by the City Council. The second
ordinance does not include any insurance requirements,
Persons or organizations wanting to solicit charitable
contributions in the roadways must first apply for a permit from
the Chief of Police. This application must be submitted at least
15 days prior to the beginning of the solicitation drive. For
those who meet the permitting requirements, only two solicitation
permits would be allowed per calendar year for not more than three
consecutive days each. These activities will be limited to the
hours of 7100 am - 7100 pm, Monday through Saturday. Only those
persons 18 years of age and older would be permitted to solicit.
Additionally, the organization would be required to provide traffic
safety vests which each participant would be required to wear at
all times.
The application includes the following information:
a Full name and address of person applying for the permit and
the address of the organization's local headquarters or
principal office outside of the city
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• A full description of the purpose for the solicin/D
Including the name, address, phone number of the pars or
organization receiving the funds
• A description of the solicitation methods
• The beginning and ending dates for the solicitation drive
• A statement disclosing each conviction of a crime for the
applicant or any officer, director, trustee, or agent of the
applicant
• An affidavit stating that 751 of the money collected will be
used to benefit the stated purpose of the solicitation
• Proof of tax-exempt status with the Internal Revenue Service
• Execute a hold harmless and indemnification agreement prepared
by the office of the City Attorney. The organization would
also be required to provide proof of insurance with limits of
the insurance at least $11000,000 per person $5,000,000 per
occurrence, and ;100,000 for property damage.
This ordinance has been placed on this week's work session agenda
for discussion. It has been worded such that if the council is
comfortable with the existing document it may also be considered at
the 7:00 pm regular session. However, if you have additional
questions or wish to study it further the ordinance will be placed
on a future agenda for consideration.
RESPECTFULLY SUBMITTED,
v
Ll d V. Harrell
City Manager
Prepared bys
Veronica S. Oglesb
Administrative Intern
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E:\WpWS\ORO\SOL:ci:.G ALTERNATIVE ONE-41ITH INSURANCE
REQU I REMF.NT
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 25-5 ("SOLIC-
ITING BUSINESS OR CHARITABLE CONTRIBUTIONS") OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON; PROVIDING FOR A PERMITTING
PROCEDURE FOR SOLICITING CHARITABLE CONTRIBUTIONS; PROVIDING FOR A
SEVERABILITY PROVISION; REPEALING ALL ORDINANCES IN CONFLICT THERE-
FOR L AN EFFECTIVE VIOLATION DATE. NOT TO EXCEED
WITH; O AND I PROVIDING PENALTY
$500
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
cFrmiON I. That Sec. 25-5 ("Soliciting Business or Charitable
Contributions") of the Code of Ordinances of the City of Denton,
Texas, is hereby amended to read as follows:
Sao. 25-5. Use of thoroughfares for soliciting.
It shall be unlawful for any person to stand in the
roadway to solicit charitable contributions on or along
the side of the public streets of the City; provided,
however, a person or organization may solicit charitable
contributions on roadways so long as they do not impede
the lawful traffic on the roadway and so long as such
person has previously applied for and received a permit
to do so by the chief of police pursuant to Sec. 25-5.1
copy of
this
prominently long displayed on his person.
such perm
I C'1'ION ii. That the Code of Ordinances, Denton, Texas, is
hereby amended by adding a section, to be numbered Sec. 25-5.1
contributions") which section shall read roadways tfollowssit charitable
Beam 23-6.1, Issuance of permits for use of roadways to
solicit charitable contributions.
(a) An applicant for a permit to solicit charitable con-
tributions while standing in a roadway shall file an
application in writing with the chief of police not less
than 15 days before commencement of the activity, and may
not been commence issud by the activity chif of police. as the permit
has be
(b) The application must contain the following informa-
tion:
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(1) The full name, address, and phone number
of the person or organization applying for the
permit and the address of the headquarters in
the city. If the organization is a chapter or
other affiliate of an organization having its
principal office outside the city, the name,
address, and phone number of the parent orga-
nization, and any local agent.
s(2o) A descrition of the r of the
which includes a ulistewith ad-
dresses and phone numbers, of which persons or
organizations to receive the funds collected
by the solicitation.
(3) A description of the method or methods to
be used in conducting the activity.
(4) The period within which the activity will
be conducted, including the proposed dates for
the beginning and ending of the activity.
(5) A statement disclosing each col.viction of
a crime amounting to a felony or a misdemeanor
involving dishonesty of the applicant, any
person in charge or control of the activity,
or any officer, director, trustee or agent of
the applicant.
(6) The applicant shall sign an affidavit
stating that at least seventy-five percent
(75t) of the monies collected by such charita-
ble solicitations shall be used for the direct
benefit of the stated purpose or purposes of
the solicitation. For purposes of this sec-
tion, the term "direct benefit of the stated
purpose or purposes of the solicitation" shall
mean funds expended directly for the specific
purpose or purposes which the person or orga-
nization states in its application, but not
including funds expended for overhead, manage-
ment and administration, and other items not
specified in the application.
(7) Whether contributions to the applicant
are tax deductible, the extent to which con-
tributions are tax deductible, and, if the
exempts status byx the United been granted
Revenue Service, proof of that status shall be
provided, if applicable.
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(8) An executed copy of a hold harmless and
indemnification agreement prepared by the
office of the city attorney, along with an
insurance policy evidenced by a certificate of
insurance by an insurance company licensed by
the Texas State Board of Insurance insuring
each of the participants in the solicitation
both for injuries to themselves and others,
with the city named as an additional named
insured, with the policy limits of the insur-
ance policy being in an amount of at least
dollars )
per person, dollars
) per occurrence, and
property damages. dollars ) for
(c) The administrative fee to be charged for issuance of
such permit to conduct such activities on public thor-
oughfares shall be ten dollars ($10.00), plus the cost of
preparing individual permits to be displayed by solici-
tors.
(d) After a review of the application and collection of
the appropriate fee, the chief of police shall issue a
permit for the activities permitted in Sec. 25-5 of this
Code. Such permit. is to be prominently displayed on the
person of the applicant or, in the appropriate case, on
the person of the applicant's employee or agent when con-
ducting tf~e activities permitted in Sea. 25-5 of this
Code.
(e) The chief of police shall have fifteen (15) days to
issue or deny issuance of the permit. If the chief of
police fails to issue the permit within fifteen (15)
days, it shall be considered denied. If the information
contained in the application is determined by the chief
of police to be either false or incomplete, the chief of
police shall deny the permit. Any person aggrieved by
the denial of the permit may appeal such decision to the
city council within ten (10) days of the denial.
(f) All permits issued pursuant to this section shall be
valid for not more than three (3) consecutive days. An
applicant shall be allowed only two (2) such permits per
calendar year.
(g) Activities permitted in Sec. 25-5 of this Code shall
be prohibited prior to 7:00 a.m. and after 7:00 p.m, of
any day, Monday through Saturday, and shall be prohibited
at any time on any Sunday.
PAGE 3
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(o /d
(h) Activities permitted in sec. 25-5 of this code shall
not be allowed by any person under the age of eighteen
(18) years.
(i) All persons conducting such solicitations shall, at
all times during which the solicitation is being conduct-
ed, wear traffic safety vests.
SECTION ITI. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any erson or circumstance is held invalid by any court
of competent Jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTIOH_U. That any provisions of any ordinance which may be
in conflict with the terms of this ordinance are hereby repealed.
SECTION V. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$500.00. Each day a separateprovision
and s distinct h offense. is violated
shall constitute
SECTION VI. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the city of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO FORM ONLY NOT CONTENT:
DEBRA A. DRAYOVITCN, CITY ATTORNEY
BY:
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E1\uP90CS\0AD\S0LY01MS.0 ALTERNATIVE TWO--NO INSURANCE
AcendaNo ?F -a REQUIREMENTS
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 25-5 ("SOLIC-
ITING BUSINESS OR CHARITABLE CONTRIBUTIONS") OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON: PROVIDING FOR A PERMITTING
PROCEDUkE FOR SOLICITING CHARITABLE CONTRIBUTIONS) PROVIDING FOR A
SEVERABILITY PROVISION! REPEALING ALL ORDINANCES IN CONFLICT THERE-
WITH; PROVIDING FOR A PENALTY FOR VIOLATION THEREOF NOT TO EXCEED
$500.001 AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Sec. 25-5 ("Soliciting Business or Charitable
Contributions") of the Code of Ordinances of the City of Denton,
Texas, is hereby amended to read as follows:
800. 25-5. Use of thoroughfares for soliciting.
It shall be unlawful for any person to stand in the
roadway to solicit charitable contributions on or along
the side of the public streets of the City: provided,
however, a person or organization may solicit charitable
contributions on roadways so long as they do not impede
the lawful traffic on the roadway and so long as such
person has previously applied for and received a pemit
to do so by the chief of police pursuant to Sec. 25-5.1
of this code and so long as such person has a copy of
such permit prominently displayed on his person.
SECTION II. That the Code of Ordinances, Denton, Texas, is
hereby amended by adding a section, to be numbered Sec. 25-5.1
("Issuance of permits for use of roadways to solicit charitable
contributions") which section shall read as follows:
8406 2S-S61. Issuance of permits for use of roadways to
solicit charitable contributions.
(a) An applicant for a permit to solicit charitable con-
tributions while standing in a roadway shall file an
application in writing with the chief of police not less
than 15 days before commencement of the activity, and may
not co=ence such activity until such time as the permit
has been issued by the chief of police.
(b) The application must contain the following informa-
tion:
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(1) The full name, address, and phone number
of the person or organization applying for the
permit and the address of the headquarters in
the city. If the organization is a chapter or
other affiliate of an organization having its
principal office outside the city, the name,
address, and phone number of the parent orga-
nization, and any local agent.
(2) A description of the purpose of the
solicitation, including a listing, with ad-
dresses and phone numbers, of which persons or
organizations to receive the funds collected
by the solicitation.
(3) A description of the method or methods to
be used in conducting the activity.
(4) The period within which the activity will
be conducted, including the proposed dates for
the beginning and ending of the activity.
(5) A statement disclosing each conviction of
a crime amounting to a felony or a misdemeanor
involving dishonesty of the applicant, any
person in charge or control of the activity,
or any officer, director, trustee or agent of
the applicant.
(6) The applicant shall sign an affidavit
stating that at least seventy-five percent
(75%) of the monies collected by such charita-
ble solicitations shall be used for the direct
benefit of the stated purpose or purposes of
the solicitation. For purposes of this sec-
tion, the torm "direct benefit of the stated
purpose or purposes of the solicitation" shall
mean funds expended directly for the specific
purpose or purposes which the person or orga-
nization states in its application, but not
including funds expended for overhead, manage-
ment and administration, and other items not
specified in the application.
(7) Whether contributions to the applicant
are tax deductible, the extent to which con-
tributions are tax deductible, and, if the
applicant has expressly been granted tax-
exempt status by the United States Internal
Revenue Service, proof of that status shall be
provided, if applicable.
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(8) An executed copy of a hold harmleus and
indemnification agreement prepared by the
office of the city attorney.
(o) The administrative fec to be charged for issuance of
such permit to conduct such activities on public thor-
oughfares shall be ten dollars ($10.00), plus the cost of
preparing individual permits to be displayed by solici-
tors.
(d) After a review of the application and collection of
the appropriate fee, the chief of police shall issue a
permit for the activities permitted in Sea, 25-5 of this
Code. Such permit is to be prominently displayed on the
person of the applicant or, in the appropriate case, on
the person of the alplicant's employee or agent when con-
ducting the activities permitted in Sec. 25-5 of this
Code.
(e) The chief of police shall have fifteen (15) do-Lys to
issue or deny issuance of the permit. If the chief of
police fails to issue the permit within fifteen (15)
days, it shall be considered denied. If the information
contained in the application is determined by the chief
of police to be either false or incomplete, the chief of
police shall deny the permit. Any person aggrieved by
the denial of the permit may appeal such decision to the
city council within ten (10) days of the denial.
(f) All permits issued purscint to this section shall be
valid for not more than three (3) consecutive days. An
applicant shall be allowed only two (2) such permits per
calendar year.
(g) Activities permitted in Sec. 25-5 of this Code shall
be prohibited prior to 7:00 a.m. and after 7:00 p.m. of
any day, Monday through Saturday, and shall be prohibited
at any time on any Sunday.
(h) Activities permitted in Sec. 25-5 of this Code shall
not be allowed by any person under the age of eighteen
(18) years.
(i) All persons conducting such solicitations shall, at
all times during which the solicitation is being conduct-
ed, wear traffic safety vests.
SECTION III. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
i
PAGE 3
Agenda No 'd3
A9endalt
Date_ 3~ 3
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity,
SECTION IV. That any provisions of any ordinance which may be
in conflict with the terms of this ordinance are hereby repealed.
SECTION V. That any person violating any provi3ion of this
ordinance shall, upon conviction, be fined a sum not exceeding
$500.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION VI. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
PAGE 4
rcr^ f
`0
ApM1tf
CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 566.8307
Office of the City Manager
MEMORANDUM
DATE: August 27, 1993
TO. Lloyd Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
SUBJECT: 191 Committee Recommendations for the 1993-94 and 1994-95
CIP Projects
Attached is the backup that we gave to the Committee at their
meeting at noon today. After reviewing all of this information,
the Committee voted to recommend the list that is titled 1193/94
CIP Projects $1,318,250°. The Committee felt that these were the
best projects to do for the amount of money and the benefit that
would be received from them.
If you or the Council have any questions, I will be happy to try
and answ them.
R Svehla
Deputy City Manager
ACCO0114
tl
+peedtND.-
Nendalte
Wa t a
93/94 CIP PROJECTS :1,318,250
PROGRAM DESCRIPTION COST SCHEDULE*
1. Willowood $112,000 Built 94/94
2. Payne $306,00 0 Built 93/94
TOTAL $418,000
PROPOSED STREET RECONSTRUCTION PROJECTS $503,250
PROGRAM DESCRIPTION FROM TO COST SCHEDULE
1. Bell Avenue - Remove and McRinney Eagle $65.000 93/94
Replace Concrete Pavement
2. Hickory Creek Road - F.N. 2181 West Side of $110,000 93/94
Replace Beal Coat with McNair School
Lima and Full Depth
Asphalt
3. S. Bonnie Brae - Replace F.M. 1515 Willowood $97,500 93/94
Seal Coat with Lime and
Full Depth Asphalt
4. Robinson Road - 'i" F.M. 2181 Corinth $25,500 93/94
Overlay over Recent
Rebuild/Seal cot
5. Azalea - Remove and Laurel Highland Park $75,000 94/95
Replace Curb and Pavement
and
6. Audra Lane - 2" Asphalt Lattimore Mockingbird $21,500 94/95
Overlay
7. James Street - Bomag Massey U.S. 377 $370500 94/95
Add EN-1, 2" Asphalt
Overlay
8. Lattimore - Bomag, Add Ruddell Pertain $7,500 94/95
EN-1, 2" Asphalt Overlay Pertain Auera $180000
Engineering $45,750 ENO
TOTAL $503,250
AgondaNo~ 9.3-~3z
AQeodalfsM
Dell
/ 7
TURN LANES $110,000 ZT
PROGRAM DESCRIPTION COST SCIDSDU1. Carroll & Parkway
:15,000 Built 94/94
Northbound Right Tura
2. Carroll & Eagle $20,000 Built 93/94
Northbound/Southbound Left Turn Lengthening
3. V.S. 380 @ Bell $20,000 Built 94/95
Eastbound Right Turn South Leg
4. Mingo @ Ruddell and Nottingham $15,000 Built 94/95
5. Lillian Miller & Drive to Southridge $15,000 Built 94/95
Village Northbound Right Turn (Assumes
no ROW coats)
6. Redo Curb Medians to Denton Town Center $15,000 Built 94/95
Engineering $10,00 0 ENC,
TOTAL $110,000
*All projects designed in 93/94.
SIGNALS $253,000'
PROGRAM DESCRIPTION OOST SCB3IDULN*
1. Bernard & Eagle $53,000 Built 93/94
2. 8hrdy oaks @ Woodrow Lane $70,000 Built 94/95
3, McKinney @ Mockingbird $60,000 Built 93/94
4. Southridge & Lillian Miller 70 000 Built 94/95
TOTAL $2530000
*All projects designed in 93/94.
'Costs inolude capitalised labor charges.
PADESTRIAN SIGNALS $34,000'
PROGRAM DESCRIPTION COST SCNEDULW
1, oak & Fry $11,000 Built 93/94
2. Avenue C & Eagle $12000 Built 93/94
3. Prairie @ Bell $12.00 0 Built 93/94
TOTAL $34,000
'Costs include capitalized labor charges,
GRAND TOTAL $1,318,250
i
Agonds No v
Agendalte D
pate 3/ 7
city of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (917) 586.8307
ORice of the City Manager
MEMO RAN DUM
TO: Mombers of the 191 Committee
FROMt Rick Svehla, Deputy City Manager
DATE: August 25, 1993
SUBJECT: Update for Meeting of Friday, August 27, 1993, at 12 Noon
in the City Manager's Conference Room
At your last meeting, you rocommended using the approximately $1.3
million of Fort Worth Drive money to fund the next two years of the
CIP process. The Council received that recommendation and approved
using that money for the 93194, 94/95 CIP. They also asked that we
come back to you for recommendations on what projects to fund in
the street reconstruction projects, turn lanes, signals and
pedestrian signals. You will notice that the last three of these
were included in the 93/94 CIP that was submitted to the Council
earlier this year. The reconstruction of streets was contained in
the 94/95 year. Jerry and his staff have put together a list by
priority for each of these categories. The attached lists are in
priority. You will note that in each category we have suggested
more than the funding available. As usual, we always seem to have
more projects than money.
I have also included the listing of all of the other CIP projects
and requests that we have received as well as the five year plan.
Conceivablyi you could move up other projects or any that were off
the list. The reason for the priorities we suggested is our funds
our limited and most of the projects from the CIP lists that were
not funded are big projects. This is also the case also for CIP
projects that are all ready in the plan. We think we can get more
benefit for the dollar with the projects we have listed.
We have also attempted to give you some idea of when we could get
these projects done. You will note that for the street
reconstruction, we think we could get the first four projects done
in 93/94, and the last four or five in the second year. We think
we could get all of the turn lanes designed and the Carroll at
Parkway and the Carroll at Eagle turn lanes built in 93/94. We
think we could design all the signals and build the signal at
McKinney and Mockingbird and possibly the signal at Bernard and
I
a
Apgnt}aNo
Apendalte
'91 Co,imittee
August 25, 1993
Page 2
could build 93/94 and the pedestrian signals5.in Finally, we think we '
As usual, if you have further questions, f would be happy to try
and answer them at your convenience. Otherwise, i look forward to
forward toy seeing y
seeing your :Friday by 1100 noon. or w lil511 I a pizza and
back you
then.
Rick Svehla
Deputy City Manager
RSsbw
AMM0033B
~I
!l
AQMQAND_.. 93 'a 3=Z' .
AQerdalI
OBte
PROPOSED STREET REOONSTROCPION PROTECTS $603,250
PROGRAM DESCRIPTION FROM TO COST SCIMDOLE
1. Bell Avenue - Remove and McKinney Eagle $65.000 93/94
Replace Concrete Pavement
2. Hickory Creek Road - F.M. 2181 West Side of $110,000 93/94
Replace Seal Coat with McNair school
Lime and Full Depth
Asphalt
3. S. Bonnie Brae - Replace F.M. 1515 Willowood $97,500 93/94
Seal Coat with Lime and
Full Depth Asphalt
4. Robinson Road - 2" F.M. 2181 Corinth $25,500 93/94
overlay over Recent
Rebuild/Seal Cot
S. Azalea - Remove and Laurel Highland Park $75,000 94/95
Replace Curb and Pavement
and
6. Audra Lane - 2" Asphalt Lattimore Mockingbird 1210500 94/95
overlay
7. James Street - 8omaq Massey V.S. 377 ;37,500 94/95
Add EN-1, 2" Asphalt
Overlay
S. Lattimore - 8omaq, Add Ruddell Pertain $7,500 94/95
EN-1, 2" Asphalt Overlay Pertain Audra $180000
Engineering 4$ 5,750 ENO
TOTAL $503,250
9. Old North Road Mingo V.S. 380 $100,000 94/95
10. Myrtle Collins Daugherty $25,000 94/95
11. Avenue A Eagle Highland $114,000 94/95
12. Westgate Payne North End $33,000 94/95
.
s~
ApendeNo_ Cl3
Apenda)te ~ ~
Wte
TURN LAMBS $110,000
PROGRAM DESCRIPTION COST SCHEDULS&
3. Carroll & Parkway $15,000 Built 94/94
Northbound Right Turn
7. Carroll & Eagle $20,000 Built 93/94
Northbound/Southbound Left Turn Lengthening
3. U.S. 380 @ Bell $20,000 Built 94/95
Eastbound Right Turn South Log
4. Mingo @ kuddell and Nottingham $150000 Built 94/95
5. Lillian Miller & Drive to Southridge $15,000 Built 94/95
Village Northbound Right Turn (Assumes
no ROW coats)
6. Redo Curb Medians to Denton Town Center $15,000 Built 94/95
Engineering $10,000 ENO
TOTAL $110,000
7. Bonnie Brae @ Windsor and Parks Road $20,000 Built 94/95
Northbound Right Turns
Be North-South Bonnie Brae @ Hickory & Oak $30,000 Built 94/95
Left or Right
*All project■ designed in 93/94.
SIGNALS $753,000'
PROGRAM DESCRIPTION COST SCHROULZ•
F
E
1. Bernard & Eagle $53400 Built 93/94
2. Shady Oaks @ Woodrow Lane $70,000 Built 94/95
3. McKinney 0 Mockingbird $40400 Built 93/94
4. Southridge & Lillian Miller $70,000 Built 94/95
TOTAL $753,000
5. Lillian Miller A Teasley $70,000 Built 94/95
6. Sherman & Carroll $70,000 Built 94/95
7. Ringo Row & Loop 268 (No Warrant) $35,000 Built 94/95
Be Teasley & Pennsylvania (No Warrant) $100,000 Built 94/95
*All projects designed in 93/94.
'Coats include capitalized labor charges,
i
Agenda No
M
Apendaltem ~
note_ _
PRDESTRIAN SIGNALS $34,000)
PROGRAM DESCRIPTION COST SCHEDULE
1. Oak a Fry $11400 Built 93/94
2. Avenue C a Eagle $12,000 Built 93/94
3. Prairie 0 Bell $11,000 Built 93/94
TOTAL
$34,000
4. Avenue A 0 Eagle $10,000 Built 94/95
'Costs include capitalixod labor charges.
r
s
s
i
i
i
r
i
I
I
r~
1994-98 CAPITAL IMPROVEMENT PLAN
BEFORE GENERALGOVERNMENT
TOTAL PEb1
BEOLARED NO TOTAL CPERAT.
PROJECT EpeTW4 AIJTH UNMJRL OTHER CITY it PROJECT AND
YEAR O(WOEPT RANK 6R141BER PROJECT NAME 04126" BONDS UNISSUED UNISSUED " PlIN WHO CONSTR. COST! MAINT.
1001-91 CAPITAL N"OVEMENT PLAN
GENERAL GOVERNMENT - OTHER 97-98 LINRMIKED PROJECTS
TOTAL (MEMO)
REOUNED AID TOTAL OPERAT.
PROJECT VOTING AUTH LINAUflt OTHER CRY N PROJECT AND
YEAR OIVWT R+MK NLMER PR OJECT NAME BONDS UNISSUED LUSSLED " "INNO CONSTR. COSTS MAINT.
97-04 DRAINAGE 0110016 AVENUE O DRAINAGE 41,000 11,000 11,000
07-04 DRAINAGE 041011 SEOUIOA PARK DRAINAGE 1,011,000 1,041,000 1,041,000
97-N DRAINAGE D61013 TIUINDEABRDORAINAGE 44.000 64,000 11,000
97-N DRAINAGE 011014 O MIELSJ T. WORTH DRNE DRAINAGE 330,000 SWAM 030,000
97-04 DRAINAGE 011016 CORBN ROAD BROG! 1,003,000 1.0.7,000 1,043,000
97-61 DRANAGE 0410t7 PT. WORTH DRIVE DRAINAGE 537,000 137,000 637,000
97-04 DRAINAGE 011016 RANCH ESTATES DRAINAGE 064.000 664.000 064,000
97-00 DRAINAGE 041000 HOUSTON PLACEJBENA DRAINAGE "7,000 447,000 447,000
07-N DRANAO! 641o13 E. HICKORY STREET DRAINAGE 166.000 166,000 WON
97-N DRAINAGE 011011 S, RUDDELL STREET DRAINAGE MAW MAN "1,000
91-h DRAINAGE M1006 PECAN CREEK-RUDOEU TO WOODROW 116,ow 776,000 716,000
91-M DRAINAGE 011064 OAAANO STREET DR.Ap"E 607,000 961.000 607,000
07-M DRAINAGE 011007 NCRTHROWDRAINAGE 170,000 IlMooo 110,000
97-90 DRAINAGE 041006 STRICKIMID A"OR HIGH OKWAA09 91,000 02,000 01,000
91-N DRAINAGE 0410" 0000SA/AMRANVILLAGE DRAINAGE 604.00 401,000 4N,o99
n-N WINAGE 041000 9WASPARKWAYDRANWE 10,000 NI'm 104000
17-90 DRAINAGE 011031 SHADY OAKS DRAINAGE 658000 636.00 166,000
97-00 DRAINAGE 041o71 ECTORSTRUT CRAINAOS 700,006 Ioo999 700.000
91-0 DRAINAGE 0410M MOCKINOBIIO LANO DRAINAGE WAN 60,00 60,o60
S1-00 DRAINAGE 0410M PECAN CREIKCHMINaA"OVEMENTS 360000 360,000 "0.000
97-N DRAINAGE WWII COOPER REEKCHANNEL PHASE A 1,050,000 1,060,(00 5,006,000
97-M DRAINAGE 061o71 PECAN CREEK DRAINAGE NEAIRROSERTSON 700,000 700,000 700,000
97-66 DRAINAGE 661070 OOOPER CREEK CHANNEL PHASE 0 443,000 647,000 543,000 \
9I-94 OMINAOE 041040 PECAN CREEK BRANCH PEC-S 151,000 153,000 161,000 L
67-66 DRAINAGE 061041 PECAN CREEK AYCMIORESOLI HTONEARRUDDELL 370,000 170,000 179,000
0-114 DRAINAGE WOO P[CAN CREEK BRADSHAWTOMAINCHANNEL 357,000 153,000 163.000
9I-011 DRANUGE 061043 PEC AN OR I EK WOES SITY TO CORDELL 150000 750,000 Woo ~
64-" DRAINAGE 641044 PEC AN CI E EK CCADELL TO PLLTON 115,000 IMAM MAN
V
$I-N DRAAUGE 041046 PEC AN CA E EX AM OAS IEL TO COL ORADO 170,000 110,000 170,000
1I-N OKAK401 001040 PIC A64 CAE EX WILLOW SPR 1 NOS TO KERLEY 165,000 156,000 756,000
A
1994-98 CAPITAL IMPROVEMENT PLAN
BEFORE GENERAL GOVERNMENT
TOTAL Wool
REOMM AND TOTAL OPERAT.
PROJECT E)Xr4Q ALITH. MARKER OTHER OTIY M FROJECT AND
WAR 1IVA7tlT RAFT( NLI B91 PROJECT NAME OI1211N01 ~ SONOB IMOSIED 1116SI1E~ FLINI1N0 CONSTR. C06TI MAW
91-06 CRNNAOE 011146 PECAN CREEKRALROADTOSPENCER 00,00 9900 90,00
07-94 DRA0046 011940 PECAN CREEK SPENCER TO SHADY OAKS 107,000 106.000 10,000
07-96 DRAINAGE 001051 COOPER CREEK FM 2164 TO BROOKE ST 260,000 260,000 260,000
97-96 ENO MOM BERNARD STREET PAVING AND DRAINAGE 1,162,00 1,462,00 1.162.000
07-OS ENO 001076 WILLOWD00 PAVING AND DRAINAGE 2,777,00 2,777,000 2,777,000
97-90 ENO 00100 MWLE STR EET PAVING AND DRAINAGE 612,00 612,000 012,000
97-W ENO 001000 KINGS ROW PAVING MID DRAINAGE 2,135,000 0133,00 2,176,000 4,000
97-06 ENO 00101 EAST WINOOR DINE PAVING AND DRAINAGE 70000 701.000 7D4,000
97-94 ENO 001 ON WEST MOOR DINE PAVING AND DRAINAGE 2.120.000 3129.00 7,120,0 2.000
07-00 ENO 001063 SOUTM BONNIE BRAE PAVING WD DRAINAGE 2,167AD0 2,167,000 2,167,000
07-94 ENO 001061 MAAYHLL ROAD PAVING AND DRAINAGE PH I 4,647,00 4,64700 41,647.000
07-96 ENO 001006 MAYH6L ROAD PAVINO AND DRAINAGE PH 2 1,506,00 2,500000 050.000
97-0I ENO 001011,11 MAYRIL ROAD PAVING AND DRAINAGE PH IN 1,645,ODO 0345,0 3,545,00
97-96 ENO 001067 MASCH BRANCH ROAD PHASE N 6,06000 3,063000 2,002.000
07-04 ENO omon RINEY ROAD PAVING AND DRAINAGE 233.000 235.000 235.00
I7-N ENO 01012 MASCM BRANCH ROAD PHASE I 772,0 772.00 772400
f7-W ENO 01071 MASCH BRANCH ROAD PHASE I 0011,00 2.01 1,0 1.01 1,00
91-14 ENO 01076 MASCH BRANCH ROAD PHASE M 1,43900 1,430,00 1,430,00
17-04 ENO DDION SOUTHEAST DENTON SN)EWALKS 193.000 103000 163.00
17-96 ENO 01077 STATE SCHOOL A 0 AD PAVING AND DRAINAGE 1.020,00 1,020.00 1.02900
I7-N ENO 01016 HICKORY CREEK ROAD PAVING AND DRAINAGE 601,00 001,00 001,00
97-91 END 01079 711016.ANDSTREETSIDEWALK 01,00 11,00 24,00
07-H ENO 01001 AVENUE APAVOM 114,00 114,00 114,00
17-N ENO 01006 10110"E STREET PAVING AND DRAINAGE 1,001,0 1,067,00 1.067,00
h-N END 01090 RNNEYROAD PAVING 10.000 MAW 10.00
97-96 ENO 010H MSC, SIDEWALK REPAIR 10,00 10,0 t0,o0
9719E ENO 001067 MaCTRAFFCOONTROLSIGNALS 20,00 OMAN t9D.0ro
01-00 ENO 00100 MEETMMNODIDRIVE PAYING 40,00 400000 60.000
07-60 ENO 01000 MOCKMWBROLANE CONNECTION 150,00 150.00 169,00 g
07-96 ENO 01001 MYRTLE STREETPAVINGAND DRAINAGE 7000 7000 76.00 S
07-96 ENO 01043 BELL AVE"REHABUTAT+ON 93,000 IWO 93,00
97-14 ENO 00100 OARCENYIEWSIDEWALK 17'ON IT,00 171000 rs \
91-14 ENO 001094 OEANMDITREETPAVING ANDDRAINAGE 1.462.00 1,66000 IAU.mo
NI,, 1
07-H ENO 01o06 AUORALANE PAVING 30000 WWII 300,000
OT-M ENO 0107 MIL ROAD FROM 44AMLL TO RYAN ENTRANCE 160,00 160,000 160.00
E1-H ENO 01010 HICKORY STREET CURS AND OUTTTR 16.00 111'NO 16,00 V
07-94 ENO MIME., B*T OLD AD PAVING 76,00 76,000 76,000
07-M ENO 0010102 PAYNE DRIVE PAYING ANC(AA004E 320,o0 220400 620.00
a3
1994-98 CAPITAL IMPROVEMENT PLAN - -
BEFORE GENERAL GOVERNMENT
TOTAL @&MOO
RE"m AID TOTAL OPMAT.
PROJECT E)wTN0 AUTOI L ARK 074M CITY N MOJ WT AND
YEM DNAWT RANK "Umom P"OJECTNAME - 09R9M sONDO UNS"D UMMMMO FLIMM1O OON9TR. OOGTS MAMT.
97-9P LOWY 007000D AUTOMATION OF THE DENTON LOWY 120,000 120,000 120,000
9P-04 AP"T 001007 LAND AOOUS(TION NORM 120,000 120.000 1,292A00 1,201,000
III
r
1994-98 CAPITAL IMPROVEMENT PLAN
GENERAL GOVERNMENT
PROPOSED
TOTAL (ME#AO)
REOI11FIW AID TOTAL OPERAT.
PROJECT D]OSTINO AUM UNAUTVIO " OTTY IN PROJECT ANO
YEAR DIVIDEPT RAM( NUMBER PROJE4FNAME 05112M BONDS UNISSUED UNISSUED FUNDING CONSM COSTS MAINT.
93-91 ENO 001001 LILLIANMILLER 610EWALK9 63,000 0 0 0 53,000 0 53,000 0
93-91 ENO 001020 VNWERWTYDRIVE 133TO ELM (ROW PURCIQ 100.000 0 0 0 100,000 0 100,000 0
93-91 PLANNING 001503 LAN09CAPE TEASLEY LN (136 TO L MILLER) 0 79,000 0 0 79,000 123,000 201,000 30,000
93-91 ENG 001002 WILLOWWOOO81KEWAYI610EWALK9 0 0 112,000 0 112,000 0 112,000 15,000
83-91 ENG 001001 INTER9ECTIONCONTROLWON" 0 0 253,000 0 253,000 0 253,000 8,000
93-91 ENO 001005 7URNLANES FORARTERIAL9 0 0 110,000 0 110,000 0 110,000 0
93-91 ENO 001006 PEDE9TRIAN6IONAL9 0 0 31,000 0 31,000 0 31,000 0
93-91 ENO 031091 PAYNEDRIVE PAVINO&SIDEWALK3 0 0 306,000 0 306,000 0 306,000 0
93-91 LIBRARY 007002 1 ISRARY COMPUTERIZED 6 Y STEM 0 0 311,000 0 311,000 0 311,000 0
93-91 LIBRARY 0070028 L19RARYC09APUTER12EO 6Y6IEM 0 0 139,000 0 139,000 0 139,000 0
93-91 FIREIPOL 005001 FIRE/POLICECOMPUTER 0 0 1,600,000 0 11500,000 1,600,000 0
TOTAL 153,000 76,000 2,766,000 0 2,996,000 123,000 3,119,000 53,000
,
pmAcr euW iMy aa1uW91k IK /M TIM OLM W1 W HIN COW10t0 &AV \
TN4 FAA" tDUK9 WW W 1 ct91/KAttlW M 40101t hJW WtM l 1110N14 tIM kR IU4 N/01NKN
1
V
i
i
i
1994-98 CAPITAL IMPROVEMENT PLAN
GENERAL GOVERNMENT
PROPOSED
TOTAL 04EMM
REWRE0 AN) TOTAL OPERAT.
PROJECT D09nNG AUTK UNAUM OTTIER C" IN PROJECT AND
YEAR OIWDEPT RANK NUMBER PROJECT NAME 0611193 BONDS UNISSUED UNISSUED " FUNDING CONSTR. COOTS MAINE,
91.95 PAWjAEC 006313 PARK DEVELOPMENYNOrTNEAST 250,000 0 0 0 250,000 250,000 500,000 75,000
91-95 ENO 001011 BrREETRECONBTAUcTION 0 0 638,000 0 639,DDO 0 638,000 0
91-95 FAC MOMT 000201 NEW ROOF I GENERAL FUND BLDG5 0 0 399,000 0 399,DDO 0 399,000 0
91-95 PARMEC 006301 UPGRADE EXISTING FAAK SYSTEM 0 0 300,000 0 300,000 0 300,000 2000
TOTAL 250,000 0 1,337,000 0 1,587,000 250,000 1,837,000 77,000
,
' M10IC1 CVMI/M1I110LU0/0 M toll IM VIM" too11W IIIM COYRITIO fA$LI 1
1111 IIMUU1101Mk111ftUOtI C11t11[AIII OF 01LOA1001 FUND I.IIAIIC I. MbON I IMI IVl PVW PAO01AC11 4
v r
i
6i 111a an wm mm. . i soft W. w
1994-98 CAPITAL IMPROVEMENT PLAN
GENERAL GOVERNMENT
PROPOSED
TOTAL (MEMO)
FCOUIRED AID TOTAL OPERAT.
PROJECT COSTING AVTK UNAUTK OTHER CITY IN PROJECT AND
YEAR DTV7DEPT RANK NUMBER PROJECT NAME 015412M BONDS UNISM" UNISSUED FIJPONG CONSM 008" MAINT.
95-96 PLANNING 001506 LANDSC APE FORT WORTH DKVE-I 0 45,000 0 0 45,000 44,000 89,000 11,000
95.96 ENO 001009 FORT WORTH DR PAVING & DRAIN (PHASE 0 699,000 0 0 0 699.000 0 699,0(10 0
95-96 ENO 001013 ARTERIAL TURN LANES 0 0 161,000 0 161,000 0 161,000 0
95-96 ENO 001015 SK)EWALKS*IKEWAYS 0 0 128,000 0 128,000 0 126,000 0
95.96 ENO 001016 AVENUE S PAVING 0 0 144,000 0 144,000 0 144,000 0
95-96 ENO 001017 TRAFFIC 04NALS 0 0 297,000 0 297,000 0 297,000 2,000
95-96 ENO 001022 6TREETCONSTRUCMN 0 0 338,(100 0 30,000 0 338,000 0
95.96 ENO 001023 WESTWAY PAVING AND DFwNAGE 0 0 316,000 0 316,000 0 3161000 0
95-96 ENO 001066 COLUN ST PAYING 4 DRAIN (PHASE 4 0 0 52500 0 525.000 0 525,000 0
95.96 PLANNING 001501 CITY FARK WATER FACILITY STUDY 0 0 50,000 0 60,04 0 5x,000 0
95-96 PAFxmc 006301 UPOWE EXISTING PARK SYSTEM 0 0 900,000 0 300.000 0 3D 1,000 2,000
TOTAL 699,000 4S,000 2259,000 0 3,009,000 44,000 3,007,000 15,000
Ftlfti COMM11 000N0 M M FM VW PL M 1111 P"UN 00Mf11C iN\Y
" TIM IMNMW IO,KI MRUMI CIMIKM I I p MI M~igM, PUW W"W P MI0011$NMK PUMO M101YK11 \ 1
1994-98 CAPITAL IMPROVEMENT PLAN
GENERAL GOVERNMENT
PROPOSED TOTAL puo401
REOUIRED AID TOTAL OPERAT.
PRQIEd T EbSTINO AUTH. UNAUM OTHER CrIV IN pnoJECT AND
YEAR IDIWOEPT RANG NUMBER PROJECT NAME 05H1793 BONDS UNIS3UEO UNISSUED FUNDING CONSTR COSTS MAMFT•
96-91 PLANNING 001510 LANDSCAPE FORT WORTH DR (PHASE 10 0 84,000 0 0 114,000 94,000 165,000 64,000
338.000 0 339.000 0 330.000 0
96-97 ENO 001050 MISCSTREET CONSTRUCT pN!RECONSTRUCTION 0 0 0 317,000 0 317,000 0 311,000 2,000
96-97 ENO 001051 INTERSECTION CONTROL SIGNAL 0 0 134,000 0 137,000 0 134,000 1,000
96-97 ENO 001052 SIDEWALKCONSTRUCTION
9C-97 ENO 001063 TURN LANES roR ARTERIALS 0 0 237,000 0 237,000 0 237,000 0
96-97 ENG 001060 MANGO ROAD SHOULDER 0 0 176.000 0 176,000 0 116,000 0
96-97 DRAINAGE 051002 COOPER CREEK CHANNEL IPHASE 4 0 0 500.000 0 500,000 0 500,000 2.000
96-97 DRAINAGE 081007 AVENUE 0 0 0 139.000 0 139,000 0 139'000 0
96-91 FIRE 005101 REPLACE SNORKEL 0 0 575,000 0 575.000 0 515,000 0
96-97 PAPXMEC 006301 UPGRAD EXISTING PARK SYSTEM 0 0 450.000 0 450,000 0 450.000 3,000
0 0 650,000 0 650,000 0
96-97 ENO 001025 FORT WORTH OA PAYING 60RAtN (PHASE Iq TOTAL 650.DOO 84,000 2,866,000 0 3,6W.000 64,000 3.694,000 72,000
8
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1994-98 CAPITAL IMPROVEMENT PLAN
GENERAL GOVERNMENT
PROPOSED TOTAL PO1
REQUIRED AID TOTAL OPERAT.
PROJECT EIOSTWO AUM UNAUTH. OTHER CITY W PROJECT AND
YEAR UIVIDWT RANK NUMBER PROJECT NAME 05111!93 BONDS UNISSUED UNISSUED FUNDING CONSM 008" MLAWT.
0 274,000 0 0 274,000 273,000 547,000 40,000
97-98 PLANNING 001502 ENTRANCEWAY LANDSCAPING 0 0 150,000 0 450,000 0 450,000 3,000
97-98 PAFXJREC 006301 UPGAAD EMOTING PARK SYSTEM
97-98 ENO 001007 DOWNTOWN DRAINAGE MASTER PLAN 0 0 60,000 0 60,000 0 60,000 0
47_98 ENG 001067 MYRTLE STREET PAVING AND DRAINAGE 0 0 649,000 0 649,000 0 649,000 0
0
97-98 ENO 001050 COLLINS STREET PAVING AND DRAINAGE A11 p 0 0 690,000 0 690,000 0 690,000 0 15,000
0 0 325.000 0 325,000
97-98 PARKIREC 00639802 DENTON BRANCH RAILS TO TRAILS
97-98 ENG 001085 U19C STREET RECONSTAUCTION 0 0 580,000 0 580,000 0 580,000 0
97.98 DRAINAGE 081038 PECAN CREEK-KEALEY TO MORSE 0 0 450,000 0 450,000 0 450.000 0
97-00 ENO 001069 PAYNE DRIVE PAVING AND DRAINAGE 0 0 240,000 0 240,000 0 240.000 0
97-96 DRAINAGE 081050 FLETCHER BRANCH AT INDIAN RIDGE 0 0 90,000 0 90'000 0 90,000 0
91.98 DRAINAGE 061034 COOPER BRANCH DRAINAGE 0 0 105,000 0 105,000 0 106,000 0
97-98 FACLTY PAGMT 00"? ENERGY MANAGMENT 1 0 0 276,000 0 276,000 0 216,000 0
97-98 ENO 00*W KINGSROWSCEWALK 0 0 4S,000 0 45,000 0 45,000 0
91-98 ENO 001 L&9 EAGLE DRIVE SIDEWALK 0 0 45,000 0 45,000 0 45,000 0
97.98 DRAINAGE 0810290 GOOD SAMARITAN VILLAGE DRAINAGE 0 0 258,000 0 256,000 0 258,000 0
97-98 DRAINAGE 061062 COOPER CREEK WINSDOR DRIVE TO BELL AVE. 0 0 150,000 0 150,000 0 150,000 0
91-98 DRAINAGE 081019 COITSTREET DRWNAGE 0 0 480.00 0 480,000 0 480,000 0
97-98 PLANNiNO 0)7)515 LILLIANMILLER--LANOSCAPING 0 0 116,000 0 116,000 22,000 138,000 11.000
97-96 ENO V K63 RINEY ROAD PAYING 0 0 100,000 0 100,000 0 100,000 0
91-98 PLANNING 001542 TRAIL PLAN 0 0 109,000 0 109,000 0 109,000 17,000
TOTAL 0 274,000 5,218,000 0 5,492,000 295.000 5,787,000 86,000
. O
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1994-98 CAPITAL IMPROVEMENT PLAN
GENERAL GOVERNMENT
OTHER PROJECTS SUBMITTED
TOTAL MEMO)
AEOURED AND TOTAL OPEAAT.
PROJECT EIOSTING AUIH. UNAUTH.OMER CRY M PROJECT AND
YEAR DIWDEPT RAN( NUMBER PROJECT NAME 05N2793 BONDS UNISSUED UNISSUED FUNDING OONSM COSTS MANfT.
97-90 DRAINAGE 0810048 AVENUE 0 DRAINAGE 61,000 61,000 61,000
97-98 DRAINAGE 081012 SEOUIOAPARKDRAINAGE 1,041,000 1,041,000 1,041,000
97-98 DRAINAGF 081013 THUNDERBIRD DRAINAGE 84,000 84.000 84,000
97-98 DRAINAGE 081014 DANIELShT. WORTH DRIVE DRAINAGE 330,000 330,000 330,000
97-90 DRAINAGE 081016 CORBIN ROAD BRIDGE 1,003,000 1,003,000 1,003,000
97-98 DRAINAGE 081017 FT. WORTH DMVE DRAINAGE 537,000 537,000 537,000
91-98 DRAINAGE 061018 RANCH ESTATES DRAINAGE 664,000 664,000 664,000
97-98 DRAINAGE 081020 HOUSTON PLACEISENA DRAINAGE 447,000 447,000 441,000
97-98 DRAINAGE 081022 HIGHLAND PARK ROAD 190,000 190,000 190,000
97-98 DRAINAGE 061023 E. HICKORY STREET DRAINAGE 165,000 165,000 165,000
97-98 DRAINAGE 081024 S RUDDELL STREET DRAINAGE 292,000 292,000 292,000
97-98 DRAINAGE 081025 PECAN CREEK-RUDDELL TO WOODROW 725,000 725,000 725,000
91-98 DRAINAGE 081026 OAKLAND STREET DRAINAGE 907,000 907,000 907,000
97-98 DRAINAGE 061027 NORTHRIDGE DRAINAGE 270,000 270,000 270,000
97-98 DRAINAGE 081028 STRICKLAND JUNIOR HIGH DRAINAGE 92,000 92,000 92,000
97-96 DRAINAGE 081029 GOOD SAMARITAN VILLAGE DRAINAGE 406,000 406,000 406,000
97-99 DRAINAGE 081030 EVERS PARKWAY DRAINAGE 20,000 20,000 20,000
97-98 DRAINAGE 061031 SHADY OAKS DRAINAGE 655,000 655,000 655,000
07-96 DRAINAGE 061032 ECTOR STREET DRAINAGE 700,000 700,000 700,000
97-98 DRAINAGE 061033 MOCKINGBIRD LAND DRAINAGE 60,000 80.000 60.000
97.96 DRAINAGE 081035 PECAN MEK CHANNEL MAPROVEMENTS 360,000 360,000 360,000
91-90 DRAINAGE 081036 COOPER CREEK CHANNEL PHASE 9 1,050,000 1,050,000 1,060,000
97-98 DRAINAGE 061031 PECAN CREEK DRAINAGE NEAR ROBERTSON 700,000 700.000 100,000 g
97-96 DRAINAGE 081039 COOPER CREEK CHANNEL PHASE III 643,000 643,000 843,000
07-98 DRAINAGE 081040 PECAN CREEK SAANCH PEC-3 152,000 152,000 152,000
97-96 DRAINAGE 001041 PECAN CREEK SYCAMORE SOUTH TO NEAR RUDDELL 270,000 270,000 210,000
01.98 DRAINAGE 001042 PECAN CREEK BRADSHAW TO MAIN CHANNEL 253,000 253,000 253,000
-/MIt[ I tu*d*%V 1vxl DN IM IM 1f ICIl fW/SUN CMvm 1M v
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Augu
CITY COUNCIL AGENDA ITEM
TO: MEMBERS OF THE CITY COUNCIL
FROM: R.E. Nelson, Executive Director of Utilities
RE: REVIEW FISCAL YEAR 1994 ELECTRIC/WATER/WASTEWP.TER/SOLID
WASTE RATES
RECOMMENDATION:
No recommendation requested at this time. A recommendation
for approval of 1994 Electric/water/Wastewater/Solid Waste
rate changes is currently planned for September 14, after
council review is completed.
SUMMARY/BACKGROUND:
Rates for Electric, Water, and Wastewater are generally based
on across the board rate increases, since detailed cost of
service studies were not conducted this year. There are a few
exceptions outlined below in the discussion of individual
departments. The staff conducted an in-house commercial
customer cost of service study for Solid Waste. A comparison
of the new cost of service with the existing rate structure
points out the need to restructure Denton's commercial Solid
waste rates. The proposed rate changes are discussed in
greater detail below by separate utility.
ELECTRIC
The Electric rates increases proposed for fiscal year 1994 are
designed to achieve a 2% increase in revenue from basic rates
plus another 1.21 increase in the energy cost adjustment (ECA)
rate from 1.8 to 1.9 cents per KWH. Since the increases in
electric costs are generally due to higher fixed costs, rate
increases have been applied to the demand charge for those
customers that have a demand component in their rate
structure. Those customers with no demand component
(primarily residential customers) have the rate increase
applied to the facility and energy charges. An average
residential customer using 840 KWH per month would see a $1.86
increase in the monthly electric bill under the proposed rate
increase.
The major Electric rate issue involves the need to make the
General Service Small (GSS) rate as competitive as possible.
This is accomplished by increasing the demand charge but
i
x
t
PrdaNo.'&V =
Apeadalt
o~ta a ,~-a
CITY COUNCIL AGENDA
Page 2
reducing the energy charge above 2,500 KWH, effectively making
the basic rate change neutral for most GSS customers. To
achieve the overall revenue target, a slightly higher increase
is required for the General Service Large (GSL) customer
class. Based on comparisons with other local suppliers of
electricity, Denton's proposed electric rates are very
competitive at most levels of demand and energy use.
One other change in the electric rate involves the increase in
facility charges for customers under the Experimental Weekend
Rate (EWK), due to higher meter and account maintenance costs.
A summary of Electric rate changes is provided in Exhibit I.
WATER
The Water rate increase of 4% has generally been applied
equally to the facility and volume charges for each customer
class. For example a residential customer using an average of
8,500 gallons of water per month would see an increase in the
monthly water bill of approximately $1.20 per month. The
facility charge would increase by 354 per month and the volume
charge would increase by 104 per month, from $29.20 to $30.40.
The residential customer summer block structure is comprised
of three separate rates for different levels of consumption.
The proposed rate increase is only applied to the first block
rate (0-15,000 gallons), increasing from $2.40 to $2.50 per
1,000 gallons.
Another water rate change variation includes no change in
rates for wholesale customers. This is due to uncertainty
concerning the timing of the transition of our two wholesale
customers to the Upper Trinity Regional Waster District
(UTRWD), the water volume sales to UTRWD in 19941 and revenue
from new rates under the interim treated water contract with
UTRWD. Water rates for customers outside the Denton city
limits have been adjusted to a rate 153 above the inside
rates, and some facility charges have been adjusted to correct
inconsistencies. The proposed Water rate increases are
summarized in Exhibit II.
WASTEWATER
Wastewater rate increases are also applied to the facility and
volume charges for customers. The overall rate increase is
projected at approximately 131, somewhat lower than the 15%
forecast last year for 1994. The monthly wastewater bill for
a residential customer with an average treatment volume of
6,100 gallons per month is projected to increase by $2.13 per
a
Agodall8m ~U-5
Date f~
CITY COUNCIL AGENDA
Page 3
month. The residential volume rate is proposed to increase
250 per 1,000 gallons, from $1.90 to $2.15, and the facility
charge increases 650 per month.
Adjustments were also made to the outside city limits rates to
a level 158 above the inside city limit rates. No basic rata
charge wholesale
been customers, addedutformothese
changes are pretreatment projected
program for
customers. Exhibit III provides a summary of proposed
Wastewater rate changes.
SOLID WASTE
A cost of service study of the commercial Solid Waste
determined the by the proper staff.
purpose oof this recently study was been
results of the containers
of costs (dumpst rst open stopeor compactors) various types
of study indicate that the current rate structure does not
recover enough costs from customers with smaller containers
receiving frequent pickup service.
This conclusion is based largely on the fact that the
operation and maintenance cost to pick up a particular type of
container (dumpster, open top or compactor) is essentially the
same, regardless of the size of the container. For example,
the cost to pick up any size dumpster is around $3.75 per
pickup. Other costs (account maintenance and other non-
operating expenses) add another 330 per cubic yard. The
$3.50 landfill
compacted cubic yard. volumes For a two yard dumpster, the
volume is compacted at a 5 to 1 ratio so that the landfill
cost becomes
depending 0 on the BA size non -pickup costs
container andy the
volume
frequency of pickup.
When these costs are calculated for service at various size
containers and pickup frequencies, the resulting cost of
service shows that rate increases above the projected overall
commercial rate increase of 98 are required for the smaller
size containers. The current rate structure also does not
provide any incentive for customers to use larger containers
with less frequent pickups. The proposed rate structure more
some
properly allocates costs to customers and provides
larger
incentive for customers to save money by moving lar9
container sizes.
To achieve the desired results, adjustments to the smaller
the new rate structure is requiredr
period r Thrates is phasel in need
+oendaNo Q,~-0 3,2i
AflWa,te ws " ~
oete i
CITY COUNCIL AGENDA 5OZ
Page 4
because the cost of service calls for larger adjustments in
the rates for some customers. In a very few cases, rates are
higher than 14% but few customers are affected. The staff
will visit with each of those customers and attempt to find a
dumpster size and frequency of pickup schedule that will hold
their rate increase to a minimum.
The rate changes for 2 and 3 yard dumpster customers is
shown below:
2 Yard/2 Pickups 3 Yard/3 Pickups
Per Week Per Week
Current Rate/ $27.68 $59.94
Per 30 Days
Projected Rate/ $32.50 $65.70
Per 30 Days
Dollar increase $ 4.82 $ 5.76
Percentage Increase 17.4% 9.6%
Rate increases for open top and compactor customers also vary
by size and frequency, but the overall rate increases for
these customers is approximately 8%. Three (3%) of this rate
is for the transfer to the General Government.
Residential rates are projected to increase by 504 per month,
from $10.65 to $11.15 including the 354 state surcharge and
the 33.54 transfer to the General Government.
The landfill rate per cubic yard is projected to increase from
$3.45 to $3.95 in fiscal year 1994. The 504 increase per yard
is factored into the residential and commercial rates and
passed through as landfill revenue.
There are new proposed rates relating to the recycling
program. The rates devises' for customers who will recycle
cardboard using specific dumpster, open top or compactor
containers are somewhat below the proposed rates for regular
service. This provides some incentive for customers to take
part in the cardboard recycling effort.
There are also new charges proposed for the collection of
grass clippings, brush, and tree limbs. These charges are 504
for each bag of grass clippings or leaves above 6 bags and
$4.00 for the collection of more than one cubic yard
AQOAddNO_~'Z
Aper~alt ~
Date
CITY COUNCIL AGENDA
Page 5
(3'x3'x4') of brush and tree limbs. The pickup of yard
waste is proposed to separately collected once per week.
Exhibit
IV provides a comparison of current and projected
rates. Exhibit V provides a comparison of current Denton
rates to other cities. Based on the proposed rate changes,
Denton will remain very competitive with other area Solid
Waste providers.
FISCAL SUMMARY:
The rate increases proposed will provide the basis for
electric, water, wastewater and solid waste revenues for
fiscal year 1994. These revenues are projected at a level to
cover anticipated utility costs.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Citizens of Denton, Wholesale Water/Wastewater Customers,
Denton Municipal Utilities, Legal Department, Finance
Department, Public Utilities Board, and City Council.
Respectfully submitted,
4d&6arrell
City Manager
Prepared by:
R. E. Nelson, Executive
Director of Utilities
Agenda No-
A~eadalte ,5
Lyle
Exhibits r
I Rates (General)
II Utility Overview
III Rate Effect on Various Customer Classes
IV Current Versus Proposed Rates
V Comparisons with Other Utilities
VI Projected Future Rate Increases
VII Proformas for Electric, Water, Wastewater, Residential
Solid Waste, Commercial Solid Waste and Recycling
FILE:A:\44Rstudcc
EXHIBIT 1
AgendaNo 93 -63Z
Apo~da~te
RATES Dote ,2
•Electric 2% Increase on basic rate,
residential increase .1 ¢/KWH
1% Increase due to .1¢/KWH
increase in ECA. Total
residential increase .2¢/KWH.
•Water 4% Across the board increase.
Residential $2.40 to
$2.50/1,000 gallons.
Commercial $2.65 to
$2.75/1,000 gallons.
*Wastewater 13% Across the board increase.
Residential $1.90 to
$2.15/1,000 gallons.
Commercial $2.45/ to
$2.80/1,000 gallons.
•Solid Waste 5% Residential $10.65 to
$11.15/month.
.50¢/bag for yard waste, over
6 bags/week.
$4.00/cubic yard for brush over
1 cubic yard/week.
8% Commercial - Dumpster rates
Increase proposed rates.
a
UTILITIES EXHIBIT 2
OVERVIEW AAendaNo=_Y~-03z _
Agendalte Lt~S~
bete
ELECTRIC: ~a
Revenue '94 - $69,108,600
Expenses '94 - $68,982,000
Increased Cost Of TMPA
Increased Cost Of Natural Gas
Have Reduced Personnel, Restructured Organization
3.2% Average Rate Increase
Average Residential Customer Bill - $66.21, 840 KWH
Resit-<: ntlal Increase - $1.86/mo. to $68.13/mo.
WATER:
Revenue '94 - $13,825,000
Expenses '94 - $130458,000
Operations Fairly Stable
Need to Prepare for 1999 $29100,000 Ray Roberts Increase
Change Sales to Corinth/LCMUA to UTRWD in '94
4.0% Average Rate Increase
Average Residential Customer Bill - $29.00, 81500 gal. Average
Residential Increase - $1.17/mo. to $30.37/mo.
WASTEWATER; AgendaNo - Q3 - 03 2~_.
Agendalte ~5 _
Uate_ i 3
Revenue '94 - $8,607,000
Expenses '94 - $81067,000
Increased Environmental Regulations
Debt Service and ROI Payments on new $9 mil Plant
Repayment of Past Debt of $6 mil to Electric Department
Added Depreciation Costs
13% Average Increase
Average Residential Customer Bill, $16.59/mo., 6,100 gal.
Residential Increase - $2,16/mo. to $18.75/mo.
SANITATION;
Revenue '94 - $5,0949600
Expenses '94 - $5,087,000
Major Restructuring and Emphasis on Recycling
Change in Yard Waste Service
Composting Program
New Landfill Engineering/Permitting Costs
8% Average Increase
Residential Customer Bill Increase - $,500/mo. to $11.15/mo.
AgondaNo
Agendafts
FLEET SERVICES: oate
/d
Greater Focus on Preventive Maintenance
t Shop rates @ 76% of Private Market
Break-even Operation
RESIDENTIAL UTILITIES EXHIBIT 3
AD
KO Q
Water 4.0A00111
Agendalle f
Wastewater 13.00% Dt71A P0 5,
Electric 2100% ;i .~a
Solid Waste 4.70% FY 1993 FY 1 4
AVERAGE CUSTOMER CURRENT PROPOSED
RATES
WATER: _ RA'i ES
A) 8,500 GALS/MONTH WATER (SUMMER)
1. FACILITY CHARGE $8.80 $9.15
2. VOLUME CHARGE 20.40 _ $21.22
3. TOTAL WATER $30.37
WASTEWATER: Difference $1.17
B) 69100 ,GALS/MONTH WASTEWATER
1. FACILITY CHARGE 5.00 5.65
2. VOLUME CHARGE 11.59 _ 13.10
3. TOTAL WASTEWATER $16.59 $18.75
Difference $2.16
4. TOTAL WATER & WASTEWATER $45.79 $49.11
ELECTRIC: Difference $3.32
840 KWH MONTH
1. FACILITY CHARGE 7.50 7.65
2. VOLUME CHARGE 58.77 60.48
3. TOTAL ELECTRIC
$66.27 $68.13
Difference $1.66
SOLID WASTE: $10.65 $11.15
Difference $0.50
i
4. TOTAL UTILITY $122 71 $128_39
a) Increase In Dollars $5.68
a) Increase In Percent 4.63%
C.1122 F3',FSt'UDYt93,n4LS', WARES WWWE.WFU
Agenda No
COMMERCIAL UTILITIES Agendalle
SMALL BUSINESS We
FY 1993 FY 994
CURRENT PROPOSED
RATES RATES
WATER:
A) 13,000 GALS/MONTH WATER
1. FACILITY CHARGE $20.25 $21.30
2. VOLUME CHARGE 34.45 35.75
3. TOTAL WATER $54.70 $57.05
Difference $2.35
WASTEWATER:
B) 10,400 GALS/MONTH WASTEWATER
1. FACILITY CHARGE 13.00 14.70
2. VOLUME CHARGE _ 25.48 29.12
3. TOTAL WASTEWATER $38.48 $43.82
Difference $5.34
ELECTRIC:
C) 3,500 KWH MONTH
1. FACILITY CHARGE 15.00 15.00
2. VOLUME CHARGE 305.52 311.89
3. TOTAL ELECTRIC $320.52 $326.89
Difference $6.37
SOLID WASTE (DUMPSTER):
D) ONE PICKUP WEEKLY $27.73 $30.00
i - 9 YD. DUMPSTER EMPTIED 1 TIME/ WEEK Difference $2.27
TOTAL UTILITY $441.43 _457.76
a) Increase In Dollars $16.33
a) Increase In Percent 3.70%
AgertdaNo~°~z .
COMMERCIAL UTILITIES ApendaFtefn b--
RESTAURANT Date y-
FY 1993 1994
CURRENT PROPOSED
RATES RATES
WATER:
A) 80,000 GALS/MONTH WATER
1. FACILITY CHARGE $18.45 $19.40
2. VOLUME CHARGE _ 212.00 220_00_
3. TOTAL WATER $230.45 $239.40
Difference $8.95
WASTEWATER:
B) 64,000 GALS/MONTH WASTEWATER
1. FACILITY CHARGE 13.00 14.70
2. VOLUME CHARGE _ 217.60 246.40
3. TOTAL WASTEWATER $230.60 $261.10
Difference $30.50
ELECTRIC:
C) 18,000 KWH MONTH
1. FACILITY CHARGE 20.00 20.00
2. VOLUME CHARGE 11400.94 1,418.58
3. TOTAL ELECTRIC $1,420.94 $19438.58
Difference $17.64
SOLID WASTE (DUMPSTER):
D) FOUR PICKUPS WEEKLY $49.00 $51.00
1 - 9 YD. (SHAFED) DUMPSTER EMPTIED < TIMES! WEEK Difference $2.00
i
930~~
TOTAL UTILITY ~ 1 .99 1 990.08
a) Increase In Dollars $59.09
a) Increase In Percent 3.06'x°
Agenda No 3 - 3 z
MEDIUM SIZED COMMERCIAL CU ~t~-- ~3s 9
CURRENT PROPO C
RATES RATES
A. WATER: 4%
235,000 GALS/MONTH WATER
1. FACILITY CHARGE $28.85 $30.45
2. VOLUME CHARGE 396.32 411.28
3. TOTAL WATER
$425.17 $441.73
~I„rrc. $16.56
B. WASTEWATER: 14%
188,000 GALS/MONTH WASTEWATER
4. FACILITY CHARGE $13.00 $14.70
5. VOLUME CHARGE 29%.03 334.89
6. TOTAL WASTEWATER
$306.03 $349.59
DYflr $43.56 .
7. TOTAL WATER & WASTEWATER $731 20 $791.32
6Mrrc. $60.12
C. ELECTRIC: 3%
159,000 KWH MONTH (GSL)
8. FACILITY CHARGE $20.00 $20.00
9. DEMANDNOLUME CHARGE 1173748 1,759.06
10. TOTAL ELECTRIC
$1,757.48 $1,779.06
r•~. $21.59
D. SOLID WASTE: 8% $86.08 $86.00
11. TOTAL UTILITY $2,569.66 $2,656.38
a) Change In Dollars $86.73
b) Change In Percent 3.37%
ApendaNo.._~1-
COMMERCIAL UTILITIES AOendalla lU5
INDUSTRIAL Date ,4
/5 a
FY 1993 FY 1994
CURRENT PROPOSED
RATES RATES
WATER:
A) 1,000,000 GALS/MONTH WATER
1. FACILITY CHARGE $165.00 $175.00
2. VOLUME CHARGE 2,650.00 2,750.00
3. TOTAL WATER $2,815.00 $2,925.00
Difference $110.00
WASTEWATER:
B) 800,000 GALS/MONTH WASTEWATER
1. FACILITY CHARGE 13.00 14.70
2. ADMIN / PROGRAM CHARGE 37.00 42.00
3. VOLUME CHARGE 1,960.00 2,240.00
3. TOTAL WASTEWATER $2,010.00 $2,296.70
Difference $286.70
ELECTRIC:
C) 2,000,000 KWH MONTH
1. FACILITY CHARGE 60.00 60.00
2. VOLUME CHARGE 94,680.00 98,720.00
3. TOTAL ELECTRIC $94,740.00 $98,780.00
Difference $4,040.00
SOLID WASTE (OPEN TOP):
D) SEVEN PICKUPS WEEKLY $5,962.56 $6,090.00
I - 40Y0.0PEN TOP EMPTIED 15 TIMES Difference $107.44
1 - 30YD.OPEN TOP EMPTIED $5 TIMES
TOTAL UTILITY 105 547.56 $110,091.7
0
a) Increase In Dollars $4,544.14
a) Increase In Percent 4.31%
EXHIBIT 4
CITY OF DENTON ELECTRIC UTI ~No g„
CURRENT VERSUS PROPOSED R~ro~?!e
Rate Schedule Proposeojg Cunent
Rates 77~~~77TT"``-,~
Q
Residential
- - Al 1/, (b!~/~
Facility Charge $ 6.65 50
Energy Chargelcents per KWH 4.30 4,20
Average Customer Bill at 400KWH/Month 31.45 30.50
Average Monthly Dollar Increase 0,95
Residential - 82
Facility Charge $ - Single Phase 7.65 7.50
Facility Charge $ - Triple Phase 1530 15,00
Energy Chargelcents per KWH:
0 - 1,000 KWH (Winter) 4.30 420
All add'Aional KWH (Winter) 3.90 3.80
0 - 3,000 KWH (Summer) 5,55 5.45
All additional KWH (Summer) 6.15 6,00
Average Customer Bill At 840KWH/Month 68.13 66.27
Average Monthly Dollar Increase 1.86
General Service Large GSL
Facility Charge 60,00 60.00
Demand Charge/$ per KW 9.50 900
Energy Charge/cents per KWH 1.40 1.40
Riders: Energy Charge/cents per KWH
For Primary Service 1.30 1.30
For Primary Service & Ownership 1,10 1,10
Bill at 10001KW Demand and 365000KWH/Month 21,605.00 20,740.00
Average Monthly Dollar Increase 865.00
General Service Small - GSS
Facility Charge $ - Single Phase 15.00 15.00
Facility Charge $ - Triple Phase 20.00 20.00
Demand Charge/$ per KW 7.50 7.00
(First 20 KW not Billed)
Energy Chargelcents KWH (0 - 2,500) 6.70 6.56
Energy Charge All additional KWH 3.35 3.50
Bill at 90 KW and 35000KWH/Month 2,616.00 2,582.00
Average Monthly Dollar Increase 34.00
Experimental. Weekend Rate EWK
Facility Charge $ -Single Phase 22.00 16.00
Facility Charge $ - Triple Phase 27.00 20.00
Demand Charge/$ per KW 6.00 5.60
Demand Charge: (First 20 KW not Billed)
Energy Charge/cents KWH (0 - 2,500) 6.70 6.56
All Additional KWH 3.35 3.50
Local Government - G1
Facility Charge $ - Single Phase 15.00 15.00
Facility Charge $ - Triple Phase 20.00 20.00
Demand Charge/$ per KW 6.25 6.00
Energy Charge/cents per KWH 3.00 2.88
I
AgenlfaNo
CITY OF DENTON ELECTRIC U e~~ ~3i
CURRENT VERSUS PROPOSED #ES 5,2
/I
Rate Schedule Proposed Current
Rates Rates
Residential Time of Use - TR
Facility Charge $ - Single Phase 15.30 15.00
Facility Charge $ - Triple Phase 20.40 20.00
Energy Chargelcents per KWH On Peak 25.30 24.80
Energy Charge/cents per KWH Off Peak 1.40 1.c,-0
General Service Time of Use - TGS
Facility Charge $ 70.00 70.00
Demand Charge/$ per KW On Peak 10.30 10.00
System Demand Charge/$ per KW 4.15 4.00
Energy Charge,'cents per KWH 0.50 0.50
Riders: Energy Chargelcents per KWH
For Primary Service 0.40 0.40
For Primary Service & Ownership 0.20 0.20
Street Lighting -LS
Sodium
100W Facility Charges 4.85 4.75
250 W 6.90 6.75
400 W 8.65 8.50
Mercury:
17S W Facility Charges 5.60 5.50
250 W 6.65 6.50
400 W 8.40 8.25
1,000 W 15.30 15.00
Energy Cost = Monthly Bulb Wattage Factor x
Current Energy Cost Adjustment
Monthly Bulb Wattage Factors:
100W 48.00 48.00
250 W 105.00 105.00
400 W 159.00 154.00
Mercury:
175 W 70.00 7000
250 W 93.00 98.00
400 W 153.00 153.00
1,000 W 380.00 380.00
Other lighting - LO
Energy Charge%ents per KWH
25044 Sodium 5125 5,14
40O W Sodium 5.25 514
40O W Mercury 5.25 5.14
1,000W Mercury 6.25 5.14
Monthly Bulb Wattage Factors:
2.50W Sodium 105.00 105,00
40O W Sodium 159.00 159.00
40O W Mercury 153.00 153.00
1,000W Mercury 380,00 380,00
Traffic Lighting - LT
Energy Charge/cents per KWH 5.15 5.14
f
Ape~daNo_ L "U-~ -
CITY OF DENTON ELECTRIC UTI~rF'#""
CURRENT VERSUS PROPOSED IT E-~ ~
Rate Schedute Proposed C nt
Rates Rates
Decor_ative_Llghting_ -DL
Facility Charge $ 3.60 3.70
KWH per Customer 4.25 4.15
Energy Charge = Monthly Bulb Wattage Factor
x KWH per Customer.
Dawn to D_u_sk_ -__DD_
Sodium:
100W Facility Charges 7,65 7,50
250 W 9,95 9,75
400 W 1225 12.00
Mercury:
17S W Facility Charges 6,40 625
250 W 7,45 725
400 W 825 8,00
Energy Cost = Monthly Bulb Wattage Factor x
Current Energy Cost Adjustment
Monthly Butb Wattage Factors:
100W 48,00 48.00
250 W 105,00 105.00
400 W 159,00 159.00
Mercury:
175 W 70,00 70.00
250 W 98.00 98.00
400 W 153,00 153.00
1,000 W
TemporaryService_ -_T1
Facility Charge $ - Single Phase 15.00 15.00
Facility Charge $ - Triple Phase 20.00 20.00
Energy ChargeJcents per KWH 6.70 6.56
Labor/Equipment $ per How - Regular Time 60.00 60.00
Labor/Equipment $ per Hour - Overtime 75.00 75,00
interrupti6le,_Prlm4ry_Serylce- P1
Facility Charge $ 70.00 70.00
Demand Charge/$ per KW 4,15 4,00
Energy Charge/cents per KWH 0,20 020
Athlek Field - AF
Facilky Charge $ - Single Phase 20.00 20.00
Facility Charge $ - Triple Phase 30.00 30.00
Demand Charge/$ per KW:
October through May 1.10 1.00
June through September Off Peak 1.10 1.00
June through September On Peak 4.65 4.50
Energy ChargeJcents per KWH;
October through May 3.75 3.75
June through September Off Peak 3.75 3,75
June through September On Peak 7.50 7,50
hgendallo_ _qj__re
CITY OF DENTON ELECTRIC UTfrfi'f"I" ~ yoi~~
CURRENT VERSUS PROPOSED RAT
Rate Schedule Proposed Cent
Rates Rates
UninterruptiblePower _Supply - UPS
Facility Charge 25O W Power Standby Unit 7,70 7.55
Facility Charge $ 1,200W Power Standby Unit 31.55 30.95
Installation Charge $ 25.50 25.00
3tandbyL_Supplementary.& Maintenance Service -_ES
Facility Charge $ - Primary Service 60.00 60.00
Facility Charge $ - Secondary Service 25,00 2500
Demand Charge Primaryl$ per KW On Peak 11.35 11.00
Demand Charge Primary/$ per KW ON Peak 4.15 4.00
Demand Charge Secondary/$ per KW On Peak 11.35 11.00
Demand Charge Secondary/$ per KW Oft Peak 4.15 4.00
Energy Charge Primary/cents per KWH Emergency 5,20 5.20
Energy Charge Primary/cents per KWH Non-Emergency 0.20 0,20
Energy Charga Secondary/cents per KWH Emergency 5.30 5.30
Energy Charge Secondary/cents per KWH Non-Emergency 0.50 0.50
Industrlai1Economlc_De_velopment_Rider IDR
Reduction to System Demand:
Year 1 50.000% 50.00%
Year 2 40.00% 40.00%
Year 3 .0.00% 30.00%
Year 4 20.00% 20.00%
Year 5 10.00% 10.00%
Thermal Storage,_Incentve__- YS
KW Demand shifted to Off Peak
First 500 KW - $ per KW 250.00 250.00
All Additional KW - $ per KW 125.00 125.00
Energy Cost Adjustment.. ;ECA
ECA Winter/cents per KWH 1.90 1.80
ECA Summer/cents per KWH 1.90 1.80
I
~e~daNo 3 -o3z
CITY OF DENTON WATERp~~'js
CURRENT VERSUS PROPOSED RAT 93 a
Rate Schedule -
Proposed Current
Rates Rates
Residential - WR_& WRN
304" Meter
1' Meter 9,15 8,80
1 1/2" Meter 10.95 10,50
2" Meter 15.60 15,00
All Gallons Block Rate - Winter 17.40 16,75
First Block Rate - Summer 2.50 2.40
Second Block Rate - Summer 2,60 2,40
Thlyd Block Rate - Summer 3.35 3.35
Average Customer Bill At 8 $00 Gallons/Month 4,20 420
' Average Monthly Dollar$orease 30.40 29,20
Residential ou 1,20
tside-Corporate_Limits - WRE
3%4" Meter -
1" Meter 11.15 11.15
1 1/2" Meter 12.60 12.25
2' Meter 17,90 16,70
All Gallons Block Rata -Winter 20.00 20,00
First Block Rate - Summer 2.95 2,95
Second Block Rate - Summer 2.95 2.95
Third Block Rate - Summer 4,00 4,00
Commerclal/Industrlal_- WC 8 WCN 5.00 5.00
j141-M6 fer _
1" Meter 19.40 18.45
1 14' Meter 21.30 20.25
2' Meter 24.75 23.50
3" Meter 30,45 28,85
4" Meter E5.00 60 O
6' Meter 1 '0, 00 110,00
8' Meter 150,00 140.00
Volume Charge/1000 Gallons 176.00 165.00
Average Bill At 40,000 Gallons/Month 2'75 2.65
Average Monthly Dollar Increase 131,30 126.25
5.04
Commercial outside Corporate_Umjts_.- WCE
3/4"_Veter _
- -S
1" Meter 20.00 18,55
i 1/2' Meter 22 CO 2060
2" Meter 28.00 25.95
3" Meter 32,00 29.50
4' Meter 87.90 87,90
6" Meter 147.40 147.40
8" Meter 188.90 168.90
Volume Charge/1000 Gallons 214.05 214,05
Wholesale - WW1 8. WW2 3,15 3.15
Facility Chge WW1
Facility Chararge WW2 155 00 155.00
WW1 Demand/1000 Gallons 170,00 170,00
WW2 Demand/1000 Qallons 19.42 19,42
Readiness to Serve/1000 Gall ns 27.34 27.34
Volume Charge /1000 Gallo-,s 0.4691 0.4862
0.95 0.95
AgerQaNo
g -
CITY OF DENTON WATER UTI'"'~ lCreni~~
CURRENT VERSUS PROPOSED HATE pate Schedule Propoled Rates Rates,
Government - WO
314" Meter 14.25 13.60
1" Meter 15.40 15.05
1 1/2" Meter 19.75 18.65
2" Meter 26.75 23.65
3" Meter 56.00 5215
4" Meter 93.00 92,65
F" Meter 122.00 116.65
8" Meter 143.00 136.25
Volume Charge/1000 Gallons 2,70 2.60
Local Government Irrigation, - WGI_ WGN
3T"-Ve(er 14.25 13,60
1" Meter 15.90 15,05
1 1/2" Meter 19.75 18.65
2" Meter 2615 23.65
Volume Charge/1000 Gallons (Interruptible) 2.20 2.20
Volume Charge11000 Gallons (Non-hiterruptible) 210 2.60
Sprinkler Charge Per 100 Square Feet 0.00 0.00
Adopt A_ Spot _-_WGA
3~4" Meter (pillable 8 times annually) 9.15 8.80
I" Meter 10.95 10.50
1 112" Meter 15,60 15.00
2" Meter 17.40 16.75
Volume Charge/1000 Gallons 2.70 2.60
Government Raw Water - WGU
Fa ility_cha-rga 147.50 142,00
Volume Charge/1000 Gallons 1.45 1.40
Metered Hydrant__ -_WFH
Facility Charge 31.20 30.00
Volume Charge/1000 Gallons 2.75 2.65
Deposit 650,00 650.00
Installation Charge 52.00 60.00
CITY OF DENTON WASTEWATER aUJll@TW
Cl1RRENT VERSUS PROPOSED PAT
as .~a
Rate Schedule Proposed Cu nt
Rates Rates
Residential - SR_
Facility Charge 3,65 5,00
Volume Charge/1000 Gallons 2,15 1.90
Average Customer Bill At 6100 Gallons/Month 1 g,77 16.59
AV rage Monthly Uollar Increase 2.13
Residential, without Water Service SPIN
Facility Charge (inside City) 5.65 5.00
Facility Charge (0utslde City) 6.60 6.40
Volume Charge/1000 Gallcns (Inslde City) 2.15 1.90
Volume Charge/1000 Gallons Outslde City) 2.50 2.50
Residential outside Corporate Limits
and with City of Denton Water Service - SRW
Facility Charge 6.60 6.40
Volume Charge/1000 Gallons 2.50 2.50
Regula• Commercial SC
Facility Charge 14.70 13,00
Volume Charge/1000 Gallons 2.80 2.45
Sampling Charge (As Required) 35.00 35.00
Analysis Charge (As Required) 15.00 15,00
Surcharge - See Below
Customer Bill At 32,000 Gallons Discharge/Month 104.3$ 91.40
Average Monthly Uollar increase 12.9
CommerciaVindustrlal without Water Service SCN
Facility Charge Inside Oity-y 14,70 13,00
Facility Charge Outside City) 16.30 14,40
Sampling Charge (As Required) 35.00 35.00
Analysis Charge (As Reqquired) 15.00 16,00
Volume Charge/1000 Gallons Inside 2.30 2.45
Volume Charge/1000 Gallons ~Outslcle) 3.20 2.65
Commercial with Dedicated Water Meters - SCD
iW meter- 20.85 18,45
V Meier 22.90 20.25
1 1/2" Meter 26.55 23.50
2" Meter 32.60 28.85
3" Meter 68.00 60.00
4" Meter 124.60 110.00
6" Meter 168.00 140.00
8" Meter 186.60 165.00
Sampling Charge (As Required) 35.00 35.00
Analysis Charge As Required) 15.00 16,00
Volume Charge/1000 Gallons 2.80 2.45
Surcharge - See Below
Regular Commercial outside _Corporate, Limits.
and with City of Denton Water Service SCW
Facility Charge 16.30 14.40
Volume Charge/1000 Gallons 3.20 2.85
Sampling Charge (As Required) 35.00 35.00
Analysis Charge (As Required) 15.00 16,00
Surcharge - See Below
u
CITY OF DENTON WASTEWATEIe"fi , Ig
CURRENT VERSUS PROPOSED
Hate Schedule - Proposed Current
Rates.. Rates
PretreatmentSPT_ (SPA or SPB)
Facility Charge 14.70 13,00
Volume Charge/1000 Gallons 2,80 2.45
Adminl3trative/Program Categorical (SPA) 365,00 320.60
AdministraUve/Program Non--Categorlcal (SPB) 42,00 37.00
Sampling Charge 35.00 35.00
Analysis Charge 16.00 15.00
Surcharge - See Below
Metered. Wastewater - SM
ffacllity Charge U00 sde City) 182.00 161.00
Facilutside City) 210,00 195.00
VoluGallons Inside) 2.80 2.45
Volume Char6e/1000 Gallons ~Outslde) 310 2,85
Sampling Charge 35.00 35.00
Analysis Charge 15.00 15.00
Surcharge - See Below
Metered WastewaterCategorical___SMA
Facility CFiar-ge )62a Ca) _ 182.00 161.00
Facility Charge Outside City) 210.00 195.00
Volume Charge/ 000 Gallons) Inside) 2,80 2.45
Volume Charge/11000 Gallons ~Outslde) 3.20 2.85
Ad min1strativelProgram Categorical 365.00 320.60
Sampling Charge 35,00 35.00
Analysis Charge 15.00 15.00
Surcharge - See Below
Metered Wastewater Non-Categorical - SMB
vacilrly-C~rge Ihsl3"e Cify)- - 182,00 161.00
Facility Charge Outside City) 210,00 195A0
Volume Charge/ 000 Gallons Inside 2,80 2.45
Volume CharggeJ1000 Gallons (Outside) 3.20 2.85
Adminlstrative/ProEram Non-Categorical 42.00 37,00
Sampling Charge 35.00 35.00
Analysis Charge 15,00 15,00
Surcharge - See Below
Eating Places,--_ SEP
FacllitY"-Charge 14.70 13.00
Volume Charge/1000 Gallons 3.85 3.40
Sampling Charge (As Required) 35.00 35.00
Analysis Charge (As Hequired) 15.00 15.00
Surcharge - See Below
Equipment Serv'_co_s_- SES
Facility Charge 14.70 13,00
Volume Charge/1000 Gallons 3.85 3.40
Sampling Charge (As Required) 35.00 36.00
Analysis Charge (As Required) 15.00 15,00
Surcharge - See Below
4gendaNo
CITY OF DENTON WASTEWATER U4~4=Le""f 3
CURRENT VERSUS PROPOSED RA7ES Rate Scheduleproposed CuiiTA
Rates Rates_
Government - SG
Facility Charge 14.70 13.G0
Volume Charge/1000 Gallons 2.45 215
Surcharge - See Below
Industrlal Water - SOE
1=i6illty Charge - 100.00 100.00
Volume Charge/1000 Gallons 1.10 1.10
Surcharge - See Below
Wholesale - SSC
Vac-it-
75.00 75.00
Volume Charge/1000 Gallons 1.85 1.85
Surcharge - See Below
Surcharge
SlocFiemlcal Oxygen Demand - BOD 0,00207 0.00183
Total Suspended Sollds - TSS 0.00257 0.00227
ti
aperadafYo 2+~ "03,2
DUMPSTER apendafle S_
Date -
PROPOSED 3
PROPOSED RATES a J
FREQUENCY IWEEKLY PICKUP 1 2 3 4 5 6 7
2 CY i6.26 32-50 4&50 62 60 78.00 92 00 10700
3 CY ?5R5 45,60 65.70 86.40 107.25 -.1.27.-80.. 148,954
CY 31 00 1 _59.29 86.40 112.00 139.00 165.60 191.80
6 CY 44.50 82.00 121.00 16000 198,00 242 00 277 20
8 CY b6 001 108 00 161 00 , 20800 261.00 314.00 353 001
CURRENT RATES
FRE011ENCYIWEEKLY PICKUP 1 2 3 4 5 6 7-
2 CY 17.86 27.68 41.52 53,28 66.60 78.24 91.28
3 CY 26.79 41 52 59 94 78 24 97.80 117.36 136.92
4 CY ---.27..68 63 28 7-8-.241 -10412 130.40 156.48 181.16
CY 41 52 78,24 117.36 156.48 194,10 - 232 , 92 - _271 I
24~
8 CY 53.28 104.32 156AS 207.04 258.80 310 E6~ 352,
MONTHLY $ DIFFERENCE
FREQUENCY/ WEEKLY PICKUP 1 2 3 4 5 6 7
2 C-4. Y 2.39 4
82 6 98 9.22 11.40 13.76 15.72
.46
3 CY (1_6408 5,76 8.16 9.45 10,44 11.13
4 CY 1 3.32 5 92 8,16 7.68 8.60 9.12 10,64
6 CY 2.98 3 76 3 64 3.52 3.90 9.08
8 CY - 2,72 3.68 1 4.52 0,96 2,20 3.44 6.76j
PERCENT CHANGE
FREQUENCY I WEEKLY PICKUP 1 2 3 4 5 6 7
2 CY 1338%1 17.41°ro 1661%r 1730% 17,12% 17.59% 1722%
3 CY 5.75% 9.83% 9.61% 10.43% 966% 8.90% 8.13%
4 CY 11,99% 11.11 10,43% 736% 8a0 o 5,83°0 5.87%
6 CY 7,18% 4.81% 310%i 226% 201% 3.J0% 201%
8 CY 5 11 % 3.53% 2 89% 0 46% .0.,85%- 1.11 °io f 0 22%
AceldaNo 4.3z _
OPEN TOP "I'l l' ffe
PROPOSED RATES PENT PICKUP COMBINED fate-
o~lo a
15 CY ) 30.00 93.00 123 00
20 CY 40.00 124.00 164.00
30 CY 60.00 175.00 235.00
40 CY , 80.00 216.00 29600
CURRENT RATES RENT PICKUP COMBINED
1 AO T 107--,25-
15 CY --2-6-2-5 1 8-1.00--
20 CY 39.53 108.00 14753
30 Cy 5250 162M 214.60
40 CY 57,75 216.00 -273,75
$ DIFFERENCE RENT PICKUP COMBINED
15 CY 376 1200 15.76{
20 CY 0.47 1600 16.47
30 CY 7.50 _ 13.001 20.50
40 CY . _ _ ~ 22,25 0001 _ -22 25
PERCENT CHANGE PENT PICKUP COMBINED
15 CY 14.3°0 14 8% 14 7%
20 CY 1.2% 14 8% 11.2%
30 CY 14.3% 8.0% 9.6%
40 CY 38.5% 0.00/. 8.1%
l
III
r
AQendaNO.._ 1~3
COMPACTOR AgendaNe
Date
PROPOSED RATES RENT PICKUP COMBINED o2 I✓~a~
6 CY 43.00 38.00 1 81.001
12 CY 8700 76.00 163,00
15 CY 97.00 93.00 190.00
20 CY 116.00 126.00 24Z00
25 CY 131,W 150.00 285.00
30 CY 165 00 175.00 340.00-
42 CY 220,00 227 00 447.001
CURRENT RATES RENT PICKUP COMBINED
6 CY 43.58 32.401 75,981
12 CY 8715 64.80 151.95
15 CY 89.25 81,00 170.25
20 CY 115.50 108 00 223.60
25 CY 115,50' 135.001 250.50
30 CY 157.50 162.00 319.50
42 CY 176 40 ( 22E.80 403.20
$ DIFFERENCE SENT PICKUP COMBINED
6 CY _ (0.68 } -5 60 5.021
12 CY (0.15 11.20 11.051
15 GY 7.75 12.00 19.75
120 CY 0.50 18.00 18.50
25 CY 19.50 15.00 , 34,50
30 CY 7.60? 13W 20.50
42 CY 43,60 0.20 43,80
PERCENT CHANGE RENT PICKUP COMBINED
6 CY 132% 17,28%1 6.610/t
'
12 CY E -0.17% 17.28%~ 7.27%
15 CY 8.68% 14h1% 11.60% j
0
20 CY 16.67%1 828%~
~I 0.43 ro
25 CY I 16 88/, 11.11%1 1377%~
30 CY
8,02% 6,42%
42 CY /'24 72 'I 0 09% 10,86%
w
RESIDENTIAL BILLING COMPARISON
DENTON UTILITIES (SUMMER)
0.12
0A 1 -
0.1 -
X
.S~
Y ~
0.09
U
0.08 -
0 07
O.Dff M loon 2wo ewa woo 99
R1
KW H
Denton Proposed Denton _
Texas Utilities to
Do-OP
~ ~
~ 4L
t N a
N
6
Cents Per KWH Versus Load Factor
@ 25 KW Demand
0.16
0.16 -
0.14 -
0.12 \
0.1
' 0.08 -
0,06
10% 20% 30% 40% 50% 60% 70%
Load Factor - o
Denton _ Proposed Denton
-a Co_np _ .Texas Utilities U
u
8/13/9 ~
i
Cents Per KWH Versus Load Factor
(?p 40 KW Demand
0.2
0.15 -
011
A- ~j
0.05 - $E
10% 20% 30% 40% 50% 50% 70%
Load Factor
Denton Proposed Denton
A-- Co-OP _ Texas Utilities
8/1'1/97 N
I
I
Cents Per KWH Versus Load Factor
@ 90 KW Demand
0.35
0.3 -
0.25
0.2 -
t
t q~ 15
0.05 -
0
1096 2096 30% 40% 5076 6096
Load Factor
Denton _ Proposed Denton
.A- Co-op _ Texas Utilities
t
8/13/93 T
Cents Per KWH Versus Load Factor
0.4 Q 140 KW Demand
0.3
0.2 -
0.1
0
20% 3096 4Q`K '
Load Factor so%
i _ Denton Proposed Denton
. Co-Op
_ -Texas Utilities
i ~
U
8/I1/93/, Q
~.j't V1
"1
r
7
i
Cents Per KWH Versus Load Factor
Q 250 KW Demand
0.2 -
0.15 - - - - - -
3:
0.05 - - - - - -
0
10% 20% 30% 40% 50% 60% 70%
Load Factor - z
0
Denton _ Proposed Denton W
Co-op _ Texas Utilities
"Ilk
~W
i
P+• 1
C
Cents Per KWH Versus Load Factor
@'500 KW Demand
0.2
0.15 `
01 - -
0.05
0
10% 20% 30% 4096 50% 60% 70%
Load f=actor
Denton ...Proposed Denton
d_ Co-op Texas Utilities
c,
8/13/93[` ,
I
LM
Cents Per KWH Versus Load Factor
@ 2000 KW Demand
0.2 -
0.15 " - - _ -
6.05 - -
1096 2096 3696 4096 50'l6 60% 7096
6 - -
Load Factor
Denton _ Proposed Denton W
A- Co-op _ Texas Utilities
SM/ `
Cents Per KWH Versus Load Factor
Q 5000 KW Demand
0.2
0.15
z
0.1 4
\
0.05
0 10% 20% 3096 40% 50% 60% 70%
Load Factor g
Denton proposed Denton
Co-op _ -Texas Utilities il'A
I'll 9 3 W
1"
1 is ='tcm~
SUMMER RESIDENTIAL WATER RATES
CURRENT VERSUS PROPOSED
E
5
$4.20
g
4 _ 30,000 + Gallons: No Increase
$3.35
3 15,000. 30,000 Gallons: No Increase
'z
J $2 40 to $2.50
0.15,000 Gallons: 40% increase
2
1T~
r
U 1 Proposed
Current
0 _
0 5 10 15 20 25 30 35 40 V
1000 GALLON VOLUME INCREMENTS 8119193
N'
r
i,
Water AgendaNa __.q,5 -t9,2
DAVID M. GRIFFITH 3 ASSOCIATES, ft.dalle
06 15 93 COMPARATIVE RATE SURVEY - RESIOEN rL41 WA rM j L5~%j /
1) Id LAS-1 OR I Wf)R [H Akkl%
_ SORTED Q 25000 GALLONS
WATER MIN BILL WATER BI
LLS A.- 1SCONS LEVELS W. Rates HATE
Ef.aLL rs 5000 10 000.
00000 75,000 20,000 25000 Lerl RATE
ENTITY 19 I'll N Jueo (i;dlnns (tattoos Oalluaa G711oos (lrlloas 1.hll STRUC
1 ADDISON 7 35 2 000 4221 2031
28.41. 36 51 11.81. Oct - 93 _ FLAT
2 PLANOIWinterl _ 960 1000- - 1400. 1950. 2500 3050 _ 3800 Oct-92 INN
3 GARLAND 5.60 2000 1013. 1766 2523 3233 3943 Oct-91 OBR
4 PLANO Sur -
I 960 1000 1166 21.03 27.38 3396 4058 _ Oc!-92 INV _
5 HIGH LAN D PAR K(WInterl 5_00. 1225 1950 .26.75 34,001
/125 Ott-91 FLAT
• - 6001 _ 1325 2050 28.19 3599
6 RICHARDSON_ _ _ - 2--5 2670 37.25v _ 44 19 Se _ ,.INV -
3 05
7 FORT WORTH 645 2000 1167 _2_021 28 e1 3i :411 .-._P: _ 11 60 1
EVINE
_ _ ^ 29 t_ - 4660.-Oct 92 FLAT
6 9 GRAPTROPHY CLUB 9 0Q 3000 . 12 30 .55 28-60 37 05 46 Of Sep 92 FLAT
10 HIGHLAND PARK Summer 4630. Jun 9t INV
) 500__,_-, .._,_,.12.5 1950.__-.2829{ 3174,.. 47.19 Oct-9t INV
-1
j 11 DALLAS _ 1 54y 717 1532 26.07 ?6.62 4757 .XT-92 -MY
12 MESQUITE 483 1000 1189 2094 .2999 3904 4809 Sep-92 FLAT
13 I- - iOct-Mayl 500 3000 900 1900 _2900 3900 4900 Plov-92 FLAT
14 BEDFORD _ 7 60 2000 13 06 221,51 . 31.28 40 36 4916 _ Jun -87 FLAT
15 IRYING(Jun-Sep) _ _
_ 500 3000 -----9 00 19.00 2900 3900 4975 Nov-92 _.I NV
td FARMERS BRANCH 695 2000 1310 23,36 32 a0 4225 -5i 50_5op-91 FLAT
17 ARLRIGTON t
7.80 2000 1390 24.40f-
34.901 45.40 5590 Oct 92 FLAT
18 R 10 DO 1000 1640 25.40 34.40 45.40 5040. Oct-91 INV
950 t000r _17501 27.50r 37.50
19 AUBREY r 47 50_;.__ 5750 Fob -92 INV_
20 HIGHLANDVILLAGE 1700 20001 1760 ta0 ")0 41150' 5650 Oct-92 INV
- T--
21 GRANDPRAaRIE ---I 1
476 15626.40 37311 a+.0,,- 6901 W-91 FIAT -
22 LAKE DALLAS - r ♦ __._T - -
1I1 650 , _ 1,000 14 101_ 24.101 35 40
23 4790 60 40 Au a6 INV
HICKORY CRE EK East fide _ -
6.50}- 1000 t410+_ 2410 _35_40 47901 6040 Aug-66_,. INV
241 FLOWFR MOUND (Win - tor - 1462 2000}- 2092 31-42 6,92 $2.42 6292+011-87 FLAT
25 LE'AISVILLE 20-W _ 1 . 0 - 42-.10` - SJ ' 8580_ N
30351 8 5r Nov-92 FLAT
28. ARGYLE A'W {C 1 2225 30.50± 2 38 5 7St 5 66 35 50+. 6625 Jan 93 INV
27 Will _ Winter C~1 2,000 2U 80 329BU 461 5'_ 6gRtl Oct 92 FLAT
za Will 1 { 69es: oat 92 FuT
29.__ TH E COLON_Y_ I __._1_._.0L.
41,.0 SL 70 70 20 Jan 92 INV
30. COPPELL _000.1 1000 1840 3140 44.40 5740 7010 Oct 92 FIAT
31 , FLOWER MOUNOjSurn me!~ 14 62 1 2000 20 92 1 31 42~ 4192 1 5132 70 72 Oct 87 I NV
32 KELLER
7 516 _ 2000 22 23 J3 08 46 23 S6 41570 73 Oct 92 INV
1
30
_qNVILLBWSC
34 COPPER CA
E (N LI) to 56 _ 28.71 40.48 52 21 6 63 98 75 71 1, ,1an 93 INV
. COPPER CANNON 1 1 .
L _
l).____ 2871 _.,40.46 52.21] 63.96 7571 Jan-93 INV
35 CORINTH t - 883 1.000, 2a 43 4043 1 52.43} $4,43 76 43 Sep-90 INN
36 I)I NION Summer S.Btl r -
_ 20.80; 32.80 _ 44.80 _6_1.55! 08.30 Oct-92 INV
37 CARROLLTON 8131 2000 11.701 33651 49.60, ess5. -$I so Oct-91 DBR
38 SPR NGiOWN - 000
_ _2000 0 27.60 a!3 00 so 36'! 0 0 5380 + 8570, NOV-91 FLAT
39, OVNCANVILLE 1 _ 686660 Oct-92 2 FLAT
40 GR'ENYILLE_ - {
1 2001 _ 2060 3920 5780 7040. 9500, Oct-92 FLAT
41 ROANOKE .._--1000 1850,
2.000 20_50! 743 DO 0 00 ' ~W 7800 9550 Oct-00 FLAT
42 ANNA 28 16 000 35.6 5g.26~ 66.6e 6~ ~ - 00 00 Jan 97 INV
43 RENO 1 -5 76 83 98 ^8 Dee 91 DER
44 SOVTHLAJKi .9 fill
GLENN HEIGHTS - ` • 8206 9838 Sep 90 FLAT
45
SOy--...f 0001 31 501 4900 66,501 I: 00 1011 S0. Now 92 FLAT.
40 GRWNBURY
ti 00; 2000 20.10 51.00 7350 9600 111!50 .,_Sep •91 FLAT
INV • Inverted tale structure.
FLAT + Flat rate structure with only one block,
D8A Declining Block rate structure,
Note - mnsuremmU gaud on cubic bN have gem trnvMed Into gallons
Note(1) - Wafer andror wastewater service ere providedby a Separ aie entity.
HIGHEST BILL $20.10 $35.58 $51.26 $13,50 $9600 $11350
LOWEST BILL $1,54 $7.17 $1532 525.00 $3050 $1161
AVERAGE OF SAMPLE $9.70 $17.72 $2897 $40,68 1S2 111 $64.84
Ic) - Devld Grltlith 6 Aaseclll ltd, 1993
r.
Wastewater AoendaNo,- w
A endalle
DAVID M. GRIFFITH & ASSOCIATES, LTD. 9
06 15 93 COMPARA FIVE RATE SURVEY - RESIDENTIAL SEWED 81115 Cate,
I)A1.I,AS-11)R1 11t)RIII eV21iA
SEWER MIN SEW' BILLS ATVAR OUS COS LEVELS., aAn rr'rd hale, SE'tiER
a.rre arc.
$f ,aL~NS 5000 10.000 15000 20,000 25.000 Leal RATE
ENTITY BII I. ~N'uOE~- Gallons Gallons Gallons. Gallons Gallons Ow, w r r I11I1U. Chan$cd-STRUC
I BEDFORD 445 1000_ 7.18 1058 1194.. lt94 1194. 100% YES .12000 Jun-87 FIAT
2 IRVING IJUn-$apl_. 306,., 2000, 6.39 1124 2609__.3494 4379 100`e YES UNL Nov-92 FLAT
J IRVING !Oct-Way) 308 2000 8.39 1724 2609 3494 4379ID0°e YES UNI. No4792 FLAT
4 FARMERS BRANCH - 679 2000 958 1423 14271423, 1423 IOCN NO 10.OC4 Sep-91 FLAT
5 ARLINGTON 305 2000 965, 2065' 3185 4265 5365, 1DO% YES UNL Oct-92 -FLAT
6 FORT WORTri 450 - 1030. 1610_._ 2190, _2770 _3350 100% YES UNL Oct-92 FLAT
7 BRDGEPORY. _ 7503000 1050 1800 2100_-,2100. 2100 100°4 NO 12 ,000 Oct-90 FLAT
B SHERMAN 435 1498 10,73 17.97 1797 1797 1797 100%NO6,977 Oct-92 FLAT,.,
9 RICHARDSOK 5951_ 1075 15.54... 2416 3372 4729 Si'4 YES UNl_. ,Sep-91 INV,
10 GRAPE -VINE 5%5 2 000 t1 30- _ 21 5-3,_ 31 60., __31 80 31,30.100%. YES _ 15,000, Sep -92 FLAT
1 1 HIGHLAND _ PARK (Wm,erl 500- 1-1_.45 1790. 2435 .306013725 100°x, YES _ UNL_ , Oct791 FLAT
12 HIGHLAND PARK (Summer) 500,1,45 }790. 435, 3080 5725 *Oir. YES UNL_ Oct-21 .FLAT,.,
13 AUBREY 8 50 2000 . 11; 50 18 50 16 50 16 50 16 50 100°4, NO 10.000 Feb -92 , FLAT
14 EULESS 520_... - It 50 11,80 2032 2032 2032 X)% NO --,-12000. Sep-92 FLAT
15 LAKE DALLAS 11) 550 1 000 12 30 20802.5 90 251 2590 100°:.. NO 13,1)%. May -BS . FLAT
t 6 HICKORY CREEK lEa,t slcNl 5.50_._ .1000. 1230 20 80 11590 25 90 2590 100". NO 13000 May-85 FLAT
r_. _YES 12000 Oct-92 FLAT
1178 HURST CARROLLTON 7 6 76 80 1,-0-00- 2000 1123.64 44 1842 2080 2._.28895 421 28 its 9.. 42, 28895 92- 1004. 100 6 NO 15000 Oct-91 FLAT
- NO aWO Se p 92 FUT
_
19 h1ES0UI7E _ 2
20SANGE0. 1000 1000 1360 15.10 2260 25.16 25.18 Iu0W.. NO 1t8700d-91__._._.
21 GRANDPAAIRIE 311 - 091 2471, 35_51 41 1 51.11 100%. _YES UNL Oct-91 . FLAT
PFN )N Y1lS 31,060 Oct-92 FLAT[
22 23 UI II)N tiultnmee SOU 14,_31 23.62 32 32.Y3 4224 51 51.55.3599 98%-YES 30,000 Oct-•92 FLA'T',
{ ~ . 4224
24 LEWISYLLE, 700 2000, 1435 2660; 3855, $110 6335 _ 100% YES UNL , No, -92 FLAT
25 DALIAS 19o - 14.60, 27,70 40.60 $350a 66.40 0 _YES 40 OW Cct-92 FLAT
26MCKINN EY - - 890 1000, -14- _?2 27 BO, 2790, 2390 100%. YES 1.1,000 Sep792 PLAT ,
27: CORRELL 600 1000 1520 24.20. 3140 3140, 31.40- 100%i NO _ 14.000. Oct-92 FLAT_
25 THE COLONY - 10002000, 1600. 2600 36004600-.,._ 100%1 YES UNL Jan-92 . FLAT,..,
22 1010 2 000 1116 28,98 2669 2698 2698 1CC,% NO 10000 00-93 FLAT
30 FL01N£R MOUND(Winterl - 992 r_ 2000 1736 2976, 4216 5458.._66.96. 1001.~YES_ UNL . Oct-87 FLAT
31 FLOWER MOUND (Summery 992,20001736 291642 IS SO 6596 100°4_YES UNL, Oct-87 FLA T.
32 PLANO15wrini _ _-8 29 _ 1000. 1 r 37 28 45 _ 28 45 26 45 28,45 100"1 NO 9,006, Oct-92 . FLAT
r_ t 'PLAT
33, PLAN_O (Winter) 291 1 000 17 37 , 28,45` 645, _ 28 45} _ 26.45 _1.Ai,., NO 9,000, Oct-92 „
. - YES UNL Oct-.92 FLAT
35 34. GR- SOUTHLAENVAKE E - 9 2025 29 80 24 2486 , .466 100% NO 8. D00, Oct-92. FLAT - 19,10 24 ad, 2 00
_20016: Oct-92 FIAT.
` -50' _ - 39 . 35 36 KELLE7 - _10 70 ,1-46 DO 4J 90 IDO°eYES 2
37 DUNCANVILLE 380 2045 37 50 5375 1040 87.056 90%, YES , UNl ,Oct-D2 . FLAT .
i
38 JARLAND 1218 - 2168 2909 2969 2969_ 29.69 96%YES- _9.025 Oct-90 FLAT
39 CORiNTH 12 63_- I OW 25a341 60, 41 88, _ It 88, 41.58 t0U%,_NO 10 ,000. Sep-90 . FIAT
40 LITTLE ELM__ 21 00,_ 2000. _2650_ 41 00- 53 50, 6600. 7850 100°1 NO UNL ,Sep79T FIAT
41 HIGHLANDVILLAGE 1000:, 000 _2980 ti $0, 95.80. _12680 16160 100%, YES UNL Oct-92 FLAT
FLAT . Flal rate structure with Only one block
INV • Inverted rate block structure
Note - measurements based on cubic feet have been converted Into gallons.
Note(1(- Water ar~d'or wastewater servlasare provldedby a sepaaU enLty.
HIGHEST BILL $21.00 $29.80 182.60 $9580 $1"00 $161 90
LOWEST BILL $190 $7.18 $10.58 $11,94 $1194 $11,94
AVERAGE OF SAMPLE $697 $1480 $2444 $3137 $37.12 14256
(c) - David N Gr1I 6 A933eiates Ltd, 1 993
RESIDENTIAL
SOLID WASTE RATES
12 11 15
11.00 11.00
1065„K }Kk (ix
.(~x kxJJ~k V'~ / 1h ~ \ ~ ZTV 4.Y' r4F I (f. ( 1 A R.
/f. 8,96
1 ~x
w_YTS'F'r h k x.
10-A { ly % v r
- 9.60
.77 { Jl? k7 x J. a~}},, ~k(rti~ I x ti ar}i(
1>1
iKx
d }C r'Si'C`r"')> X`~. 'k ~~YY :'SCJ 'L ♦J'F 7~ ~ y x"V' r ("1(}~ Xk;
} ~a~yh}}l ~J}k X~, '~'k\/ T~!kYl t x }VK: 'n \ J((1 • NxiS Jl
Lu ( x r.
6 r r
Cr.
{ T, j~* X i.t/ f r, yak ~r nY'(
6 ky~yy JR! ( Y 1 T kv A x(!xx k } lkv ~`n A ~~1~
n'
U K/ Aa k tY ! Y v') i l ~y 4h w ih >x
} . f ! ! h~ x x a I(r l (a +(v ~h x. V I)
i a
{ S(y( +~~,a 'K C}%h M1(Yr /Y ~ixA\K ~~Y h 1~ NX
xN Y {y ly!yv x + h ti.' ' . kr' ` (\j(,,v{ ,.tip
k )K Yi X-,A I
X l r`</\/..
4 / +(~f(( (t 4~(a~ 1 v X (((~K f {~r 7 j
O r X{ ~~x S r{~ x Kk(Y) yy,}\Y kk\~y.
1( ,\1'tw'k?''kx. ~ v ~ ~ ~`iT r °~`r'~~'JY~ ~ , iv•.kk x~.
Xi
(/k {K~ yK~ Kr ( k a v r i . y •.K~ ak) < '~k'r`:+ ~xx
')('\'r k K" /1 Xr`~ r k?'(\ ~kk r a1:(~Fk} }Yx}. ni\r
l{ K yx{ x x x r X~ r R'"., ~ ,t S !`x[ a {
~jVi i (r K'\ ? ~.~)/K~( fa Y nJ 'S~a (1.`}(/''M \Jw j/a~},~ m
.'Sr..~(w J l~ J( ~A~~~J l Jr( `(x a.` .~(f.!yn `JII N r
GARLAND CARAOLLrON CURRENT DENTON
PLANO LEWISVILLE PROPOSED DEMON d
COMMUNITY
Note: All systems are municipally owned except Lewisville. p~
N
Ageecl aNo
AgenGallaM~-.~`-- -
Lb e_
DUMPSTER RATES
ONE PICKLP PER WEEK
127
170
_
to
40 X
20
J CY 4 CY ! CY
OAKLAND FARMERS BRANCH 0 LEWISVILLE
CLRAENT OEN70N _ JPROPOSED DENTON
OPEN TOP RATES
T60 PIMPS PER MONTH
too
aoo
4:0
x
3 {
2D CY ao CY
OAKLAND FAAIOEAS BRANCH LLV'ISVILLE
CLRAENT DENTON D PROPOSED DENTON
COMPACTOR RATES
1009 TWO FICKLPS PER MONTH
ON 7$ loo
l7D \X
. ~ (yam \
J l ~I ~ ,/l f %/V A
400 <Yk A'~<~ V~..rf <
30 CY 42 CY
m OAKLAND FARMERS BRANCH ` UNISVILLE
CLAAENT DENTON D PROPOSED DENTON
EXHIBIT 6
RATE PROJECTIONS FOR DENTON ELECTRIC
BASED UPON 1993 TMPA REFINANCIIgndaND
AgondallertL-GfJ~a
_ Dale
-
e - - - - - ~a
a -
- -
3 -
92
- ----;Or - -
O W 06 os 97 OB 90 00 01 02 03 04 06 06 07 0e
10.6
10
0.e
9 - - -
e,a -
e 04 94 0o 97 oe 99 Do 01 02 03 04 06 06 07 06
36
30
26
N
K20 . -
V
1a
6 -
0 04 06 M 07 0s 00 00 D1 02 03 04 Oe O6 07 Oe
2% BASE RATE IN 04 FUEL(ECA)
A FUEL
' • RATE PROJECTIONS SHOWN INCLUDE I% ANNUAL FUEL ADJUSTMENT
Aflsr3daNo,
Awdalle
Date, -3
WATER
FORECASTED RATE INCREASES
6% -
lJJ
~WC 1 % "v
~L 6
lop3 1994 1006 logo 1901 logo logo
WATER
NET INCOME
2000
1600
1000
600 7Az
0
O
~ •6oa - ~
•1000
•1600
1903 1914 tips 1000 1201 ion 1999
CASH BASIS 1Z UTILITY BASIS
><a
AgendaNa- q?-J
Agendalten
Cafe Q
y ~,xa
WASTEWATER
FORECASTED RATE INCREASES
16X
1C%
x
1093 1004 1095 tags 1097 1995 1999
FISCAL YEAR
WASTEWATER
NET INCOME
1500
1000
% NA
500
r
7271 *0
L
0
1000 1091 1003 1005 1997 100! 1000
® CASH BASIS M UTILITY BASIS
WASTEWATER
PLANNED REPAYMENT TO ELECTRIC
2
1 ~
0
-Duc
~ •1
a
a
*5 -
•7
190.7 1994 togs 1095 t997 1995 1999
~c TOTAL INDEBTEDNESS ®ANNUAL REPAYMENT
Agenda No
Agendalle
We~
RESIDENTIAL SOLID WASTE
FORECASTED RATE INCREASES
e%
7x -
IS1L
6i
4% x
K >0
a
2%
lx Ix
0
1993 1904 ills logo foot lags 1099
RESIDENTIAL SOLID WASTE
NET INCOME
goo
IN
100
= 60
ICI
0
I
30 i
1903 1994 llis logo 1997 fags 1999
CASH BASIS 1Z UTILITY BASIS
r
C
t
27-Aug-93 ELECTRIC
06 35 AM ACTUAL BUDGET ESTIMATE FY i. Act` dal FY
1992 1993 .1993 1994 1995NI(l, 1996 1996
1 Net Safes (MWH) 767,009 812,754 793,144 815,517 836 536 857 862 9, 02,686
2 Rate Rev cents/KWH 6.73 6.35 6381 611-
71 6L92 7 19 jp 7.74
3Rate &Other Revicents,eKWH 8.38 7,73 7,79 8,13 8.34 8.58 8 8,75
Rate Revenues
4 Energy Cost Adjustment - - - $15,495 $18,727 $18,015 $19,359 $20,762
5 Residential (R1,R2) $19,255 $20,263 $19,493 15,794 16,564 17,587 16,647 19,770
6 Commercial 11,597 11,560 12,088 10,665 11,261 11,878 12,592 13,351
7 Large Commercial 18,133 15,937 16,402 10,298 10,815 11,467 12,158 12,691
a Government 2,010 3,162 1,926 1,885 1,980 2,099 2,225 2,359
9 StJHighway Light 420 415 420 346 1,63 385 408 433
10 D- D Fees 203 230 205 186 193 207 219 232
11 Temporary Service 26 31 35 33 35 37 39 41
12 Total Rate Revenue $51.642 51 59 50 569 . 54 70 $57.904 64 673 $65,64 6 8
OtherRevenues
13 TMPA Coverage Pet 6,117 6,102 6,100 6,124 6,124 6,124 6,124 6,124
14 TMPA Surplus 1,666 0 0 0 0 0 0 0
15 Resale Power 604 2,266 2,104 2,517 2,764 2,915 3,412 2,344
t6 Wholesale Capacity 3,315 2,345 2,497 2,345 2,270 2,184 2,315 0
17 Other El Charges 66 15 30 50 53 57 61 65
19 Reconnect Fees 77 50 56 75 77 79 81 03
19 Aid in Construction 0 40 2 40 119 50 50 52
20 Cust Connect Fees 191 151 138 180 184 188 192 196
21 Meter Tampering 5 5 5 5 5 5 5 5
22 Service Center Rents 212 190 189 105 165 185 165 185
23 Gain/(Loss) on Asset 1 0 0 0 0 0 0 0
24 Misc Income 378 56 120 100 1C2 104 106 108
25 Total Operating & Other $64,274 $52,817 $61,810 $66,323 $69,717 $73,564 $78,179 $79,001
Opersting Expenses
26 Payroll $4,991 $5,469 $5,203 $5,406 $5,622 $5,847 $8,081 $8,324
27 Supplies 4,49 474 454 549 565 582 599 617
26 Maintenance 1,227 1685 1,647 2,06e 2,112 2,281 2,395 2,515
29 Services 741 1,031 972 1,247 1,309 1,374 1,443 1,515
30 Insurance 271 148 147 121 125 129 133 137
31 Sundry 89 211 147 211 217 224 231 238
32 TMPA Fixed Costs - - - 29,978 33,3d4 35,729 40,132 42,065
33 Purchase Power 40,520 42,497 44,092 13,726 14,519 15,350 8.703 8,176
34 Fuel 3,049 2,972 3,025 4,045 4,1 72 4,395 9,470 9,749
35 Fixed Assets 1,256 2,148 2,028 2,987 3,548 3,684 4,436 4,166
36 Bad Debt 189 260 260 274 290 308 328 349
37 Contribution Mtr. Pool 168 0 0 80 0 0 0 0
30 Other 0 0 0 0 0 0 0 0
39 Total Operating Expenses $52.950 ,4')7.09-0 sse.176 560091 $06.000 589.003 $74,032 175.859
Non ' operating (Revenues) Expenses
40 Operating Interest (2,721) (2,043) (2,487( (2,200) (2,244) {2,280) (2,335) (2,301)
41 WW/SW Revenue Returned 0 (850) (200) (525) (731) (988) (1,345) (1,352)
42 Debt Service 3,7SS 3,596 3,a95 3,595 3,352 3,668 4,954 6,071
43 Pet On Inv Trans 2,334 2,294 2,294 2,338 2,479 2,755 3,173 4,341
44 Customer Incentive Program 80 0 0 0 0 0 0 0
45 Load Management Creditslt 0 200 200 350 361 371 382 394
46 Rebate 2,339 0 0 0 L 0 0 0
41 Other o 0 0 0 n 0 0 0
48 `dmin Trarefers 1,699 1,761 1,781 1,852 1,928 2,003 2,083 2,166
49 total Nonopereting (RBYenL $7,405 $5,478 $5,484 $5.410 $5,142 $6,568 $6,912 $9,29x!
50 Expenses 60,434 62,573 63,660 66,101 71,149 75,471 a0,944 85,091
51 Net Incoma Cash Basis 53.640 89 (S1.a511 f$1,907> ($2.766! 1$5.0901
52 Non-Operating Interest 393 128 221 169 303 560 443 4
53 Fixed Assets 1,256 2,140 2,025 2,987 3,548 304 4,436 4,166
54 Debt Principal 1,851 1,067 1,861 1,x46 1,8130 1,947 2,202 2,375
55 Depleclation (3,245) (3,2 7M (3,302) (3,495) (3,7:3) (4,312) (5,1(fi) (5,557)
56 Net Income Full Accrual Si X4,091 ,41,11.2 ($1 036 $1,72.4 $44 ($,2D (4264) ($.!,142)
57 Cash Reserves 30,000 30,221 2a,797 26,ea$ 24,120 19,030
P
i
27-Aug-93 WATER aQ6ndaNo
ApenQll a
~
06.35 AM ACTUAL BUDGET ESTIMATE BUDGET FY 123
1992 1993 1993 1893 1995 D81139 98 _ _ 9~S 7
1 Denton Sales (MG} 3,453 3,654 3,704 3,814 3,695 3,993 4,0 5L c4Yoe
2 Resale Sales (MG) 337 380 297 350 590 735 875 985
3 Total Sales (M 0) V99 4&33 4,001 4,165 _ 4,465 44.728. _ 4,970 51786
4 Oenlon Cust Rev/1000 Gals $3.09 $3,32 $3 05 [ $1333__ $3,42 , $351 $3 59-_ $3.74
5 Resale Cust $0000 Gals $2.29 $2.01 $2,21 $1.99 $1.12 $096 $055 $088
d Total Re0000 Gals $3.02 $3.20 $2,99 $3,21 $3,12 $3.11 $3.11 $320
Rate_ Revenues
7 ResVdential $4,902 $5,776 $5,185 $5,816 $6,109 $6,416 $6,738 $7,211
8 Commercial 5,455 6,044 5,693 8,527 6,855 7,199 7,561 8,092
9Intragovernmental/Raw 313 312 410 346 364 382 401 429
10 Resale 772 762 655 696 660 704 770 865
11 Total Rate Revenue S11414 $12.89 11 49 113 388 13 918 $14.704 $15.47 $16.592
Other _Revenues
12 Tap Fees 0 35 121 55 59 63 68 74
13 Coliform Analysts 31 20 22 30 32 34 36 39
14 Aid in Construction 0 50 0 94 90 07 104 112
15 Meter Tampering 0 1 1 1 1 1 1 1
16 Galnl(Loss) FA 0 0 0 0 r 0 0 0
171Income 5 10 2 10 11 12 13 14
18 Other 9 0 0 0 0 0 0 0
19 Total Operating 6 Other $11,488 $13,009 $12,089 $13,518 $14,181 $14,905 $15,692 $16.837
Operating Expenses
20 Payroll $2,092 $2,233 $2,107 $2,185 $2,272 $2,363 $2,458 $2,556
21 Supplies 492 513 486 579 5915 614 632 651
22 Maintenance e14 942 756 801 841 863 927 973
23 Services 326 477 107 579 748 638 670 704
24 Insurance 77 31 32 27 28 29 30 31
25 Sundry 0 5 3 28 29 30 31 32
26 Production Power 487 S76 516 595 825 658 569 723
27 Purchased Water 165 91 91 95 100 105 110 lie
28 Fixed Assets 649 1,096 941 1,398 1,539 1,350 1,470 2610
29 Bad Debt 38 65 65 67 70 74 77 63
30 Conn Motor Pool 53 0 0 0 0 0 0 0
0 0 0 0
31 Other 0 0_ 0
32 Total Operating Expenses ;Am ;,¢,83.4 5,5,103 354 =,l 58.742 MW X8.479
33 Net Operating Revenues $8267 $6,865 $6,840 $7,033 $7,140 $1,959 $6,378 $8,118
erating_(,Aevsnues}_Expenses
N_onop-
34 p
O erating Interest (255) (93) (238) (210) (214) (215j (223) (227)
35 Rep+.yment 0 500 0 0 0 0 0 0
38 Debt service 2,788 2,463 2,680 2503 2,430 2,407 2,753 2,592
31 Rat On Inv Trans 643 943 943 1,134 1,261 1,471 1.141 2,121
35 Debttssuance Expense 0 to 1e 16 18 19 19 19
39 Other 0 0 0 0 0 0 0 0
40 Ray Roberts 2,059 2,440 2,440 2,562 2,658 2,658 2,656 2,658
41 A4min Transfers Meter Res 0 0 0 125 131 138 145 152
42 Admin Transfers Gen, Gov 612 849 649 671 701 129 756 jBe
43 Total Nonop (Revenue) Exp 111 $6,918 $6,469 $1 $6,980 $7,201 11 $8,100
44 Expanses 11,222 12,946 11,593 13,159 13,828 13,942 14,944 16,579
45 Net..lnco,.me. Cash E13sis Hu 44.E 6424 £91.4 M Im +4244 PH
46 Non-Operating interest 564 231 493 333 202 314 81 41
41 Fixed Assets 649 1,096 941 1,398 1,539 1,350 1,470 2,810
48 Debt Principal 1,361 1,137 1,242 1,237 1,236 1,249 1,328 1,283
49 Depreciation (2,048) (2,037) {2,093) (2,175) (2,294) (2,455) {2,566) (2,673)
So Net Income Full Accrual So 0ij $490 ;1,07.9 St 2,t P194 ;t 42 $j A49 31512
e
27--Aug-93 WASTEWATERAge(IdaNo
06,47 AM X 1000) Awdalle>
ACTUAL BUDGET ESTIMATE BUDGET FY1i0 FCC-_?\\ ttFY
1992 1943 1993 1994 1995 1996 1 97f~`y7~,~
1 Total Annoei Bills 200,536 200,036 200,441 201,372 203433 205,521 207,628 200099!,756
2 Res Ann Oust Bills 174,405 174,101 174,075 175,140 176,935 _178,749 _ 150,561 1__82,432
3 Avg Mlh Bill/Res 14.64 17,00 15 52 15.55 20 94 23 Al 24.61 26.07
Rate rleyenues
4 Residential Fees 2,554 $1,960 $2,701 $3249 $3,705 $4,113 $4,443 $4,755
5 Commercial Fees 3,353 3,814 3,836 4,782 5,453 6,054 6,539 6,999
e lntragoverrlmarital 92 125 113 129 147 163 176 188
7 Industrial Water 96 133 28 97 I l l 123 133 142
8 Whcle3sle 345 260 312 g69 283 297 312 328
9 Total Rate Revenue j6 4 731 6 990 8526 $9.699 110.754 11 0 12.41
Other Revenues
10 Tap Fees 7 7 0 7 7 7 7 5
11 Line Extensions o 0 0 0 0 0 0 0
12 Aid in Construction 0 28 0 24 46 26 2a 29
13 Prorata 0 0 0 0 0 0 0 0
14 Other Wastewater 5 2 3 2 2 2 2 2
15 fAisc 0 0 22 0 0 0 0 0
t6 0 0 0 0 0 0 0 0
17 Total Operating 8 Other $8,452 $7,350 $7,024 $6,559 $9,753 $10,785 $11,641 512,451
Operating, Expenses
18 Payroll $1,929 $2,116 $1,870 $2.092 $2,175 $2,262 $2,353 $2,447
19 Supplies 182 221 151 256 264 272 280 289
20 Maintenance 478 481 277 378 397 417 438 459
21 Services 375 537 452 554 583 611 641 673
22 Insurance 42 16 16 13 12 14 14 14
23 Sundry 1 2 1 7 7 7 a 5
24 Purchased Power 397 390 327 464 468 512 538 564
25 Otter 0 0 0 0 0 0 0 0
26 Fixed Assets 99 242 258 910 1,122 1,076 981 926
27 Bad Debt 11 35 35 43 1s 54 58 e2
28 Cont Motor Pool 29 0 0 0 0 0 0 0
29 Other 0 0 0 0 0 0 0 0
30 Total Operating Expenses $3.542 $4.041 win IuLi $5.0913 $5.224 $5.310 $5.443
31 Net Operating Revenues $2,898 $3,272 $3,602 $3,610 $4,601 $5,528 $6,294 $6,970
Nonoperating.,{Reyenuesl-Expenses
32 Operating Interest (143) (93) (128) (105) (107) (109) {111) (114)
33 Repayment 0 ISO ISO 350 500 750 11100 1,100
34 Debt Service 919 1,481 11155 1,495 1,aS7 2,099 2,020 2,152
35 Rat On Inv Trans 839 636 838 969 1,472 1,633 1,749 1,880
38 Debt Issuance Expense 0 9 14 It 12 12 13 13
37 Cthsr 0 0 0 0 0 0 0 0
36 Other 0 0 0 0 0 0 0 0
39 Other 0 0 0 0 0 0 0 0
40 Admin Transfers 461 482, 482 473 492 511 532 553
41 Total Nonop (Revenue) ExF $2,076 $2,567 $2,713 $3,193 $4,229 $4,1396 $5,302 $5,5155
42 Expenses 5,618 8,907 6,101 7,910 9,321 10,121 10,612 14,026
43 Nat, Income. Cash ._Basis # 5 #U4,2 422 Im £S,'4 HU $1.029 51.423
44 Non-Operating Interest 336 125 474 155 124 60 129 41
45 Fixed Assets 99 2,12 258 910 11172 1,016 961 926
46 Debt Principal 441 531 428 422 764 924 911 952
41 Depreciation (1,494) (1,549) 11,714) (1,992) (2,112) (2,213) (2,319) (2411)
46 Net Income Full Accrual Be
;225 (32091 3367 ;145 33.12 3518 5137 ;9,1j
mow.
,
r
27-Aug-93 RESIDENTIAL SOLID WASTE ApiNo 41--al&
06:40 AM x loco) llgE9da)le(rL _
D!(9_ S,ZFY
ACTUAL BUDGET ESTIMATE FY FY rF Y~
1892 1993 1993 1994 1995 1995 097 1998
1 Total Annual Customers 176,916 178,116 178,308 160,240 181,8e4 184,066 163,804 189,636
2 Cubic Yards Collected 72,661 76,723 70,688 73,015 74,512 76,039 77,598 79,169
3 Avg Cubic Yds 1 Oust 0,41 0.43 0,40 0.41 0 41 041 0.42 0 42
4 vg Mth Bill / Cust 8,95 10.65 10,55!- 11.15 11 90 12.64 _ _ 13 14 6
.63
_ peratng Revenues _
5 Residential Fees $1,803 $1,635 $1,837 $1,947 $2,077 $2,207 $2,294 $2,380
6 Res Special Pickup 6 2 10 10 10 10 to 10
7 Aged Receivables 0 0 0 16 16 16 16 17
6 State Surcharge 0 62 62 63 54 64 55 68
9 Total Operating Revenues $1,811 $1,899 $1,909 $2,035 $2,157 $2,298 $2,386 $2,474
Other, Revenues
10 Sale of Refuse Bags 37 44 44 35 36 38 37 38
11 Misc Income 4 0 0 0 0 0 0 0
12 Scrap Sales 0 1 1 0 0 0 0 0
13 0 0 0 0 0 0 0 G
14 0 0 0 0 0 0 0 0
15 0 0 0 0 0 0 0 0
18 0 0 0 0 0 0 0 0
17 0 0 0 0 0 0 0 0
16 0 0 0 0 0 0 0 0
19 Total Operatng 8 Other $1,852 $1,944 $1,954 $2,071 $2,203 $2,334 $2,423 $2,512
Operating Expenses
20 Payroll $853 $832 $828 $855 $869 $925 $962 $1,000
21 Supplies 165 262 226 223 229 238 243 251
22 Maintenance 112 98 97 93 9a 103 108 113
23 Services 181 203 201 172 181 140 199 209
24 Insurance 38 19 19 29 30 31 32 33
25 Sundry 0 11 11 2 1 2 3 3
26 Other 0 0 0 0 0 0 0 0
27 Other 0 0 0 0 0 0 0 0
28 Fixed Assets 7 8 1 6 1 26 3 1
29 Bad Debt 17 9 0 10 10 10 10 10
30 Other 0 0 0 0 0 0 0 0
31 Other 0 0 0 0 0 0 0 0
32 Total Operating Expenses $1,374 $1,441 $1,393 $1,392 $1,440 $1,523 $1,55-9, $1,610
33 Net Operating Revenues $437 $458 $516 $644 $727 $775 $827 $854
Nonoperating,(Reyenuesl,Expe.nse3
34 Interest (690) I$1) ($6) ($3) ($10) ($10) ($10) ($10) ($10)
35 Other 0 0 0 0 C 0 0 0
36 Debt Service 0 0 0 0 0 0 0 0
37 Repay LT Debt 0 0 0 0 G 0 0 0
38 Adnlin Transfers GO 312 287 253 210 217 225 233 241
39Admin Transfers CS Adml 45 F2 92 15 17 100 103 108
40 Landfill Expense 218 230 212 256 280 308 344 386
41 Av:ycls Expense 0 0 0 149 1F3 163 174 188
42 Other 0 0 0 0 0 0 0 0
43 Total Nonoperating (Sever $574 $579 $564 $680 $137 $784 $844 $909
44 Expenses 1,946 2,020 1,957 2,072 2,177 2,301 2,403 2,528
45 Net Income_ Cash Basis LSP 1£Zg) i€3) L1) X X 430 LSl
46 Non-Oparabnp Inlerest 0 0 0 0 11 so 50 69 69 0 0
0
47 Fixed Assets 7 6 1 a 4 26 3 1
48 Debt Principal 23 24 24 24 ?7 36 65 62
49 Depreciation (12) (53) (13) (t5) (10) (16) 120) (:!OJ
60 Net Income RuVi E Wja (99) 9 828 ;y,@ X14,9 X74
(
1g6il (7a
~aNO^a•"' -r
27-Aug-93 Ay
COMMERCIAL SOLID WASTE
06:40 AM X 1000) Agendalle '0111
~di8_.
ACTUAL BUD'3ET ESTIMATE FY FY FY FY FY
1992 1993 1993 1994 1995 1996 1917 1998
1 Total Annual Customers 15,418 18,120 20,328 20,628 20,734 20,840 20,947 21,054
2 Cubic Yards Collected 241,595 261,759 304,302 266,039 286,971 291,933 294,925 297,946
3Avg Cubic YdsICust 15.67 1445 1497 13,87 13.94 14.01 14,08 1415
4 Avg Mth Bill J Cust 113 58 124.98 109 Ot ; 122 39 130.29 13870 147 65 1.57 18
Operating Revenues
5 Commerclal Fees $1,751 $2,188 $1,951 $2,237 $2 391 $2,561 $2.740 $2.932
5 Special Pickup D 0 187 203 217 232 246 266
7 State Surcharge 0 77 75 85 91 98 105 112
8 0 0 0 0 0 0 0 0
9 Total Operating flevenue $1,751 $2,265 $2,216 $2,525 $2701 $2,891 $3,093 $3,309
Other.. Revenues
to License Fees 45 0 0 0 0 0 0 0
11 Other 0 0 0 0 0 0 0 0
12 01her 0 0 0 0 0 0 0 0
13 0 D 0 0 D 0 0 0
14 0 0 0 0 0 0 0 0
15 Total Operating & Other $1,796 $2,265 $2,216 $1,525 $2,701 $2,691 $3,093 $3,309
OpE-rating_EKpenses
18 Payroll $498 $480 $541 $592 $616 $640 $666 $692
17 Supplies 77 89 83 95 96 100 103 107
18 Maintenance 196 242 229 218 229 241 253 266
19 Services 243 267 270 352 309 388 407 428
20 Insurance 23 10 10 10 11 11 It 11
21 Sundry 0 1 1 11 11 12 12 12
22 Other 0 0 0 0 0 0 0 0
23 Other 0 0 0 D 0 0 0 0
24 Fixed Assets (1) 71 71 26 56 60 31 26
25 Bad Debt 19 11 11 12 12 13 13 13
26 Other D 0 0 0 0 0 0 0
27 Other 0 0 0 0 0 D 0 0
28 Total Operating Expenss $1,055 $1,171 $1,217 $1,316 $1,402 $1,464 $1,496 $1,555
29 Net Operating Revenues $096 $1,094 $999 $1,207 $1,299 $1,427 $1,597 $1,754
Norloperil ing_(Revenues)._E_xpenses
30 interest (630) ($1) ($6) ($3) ($10) ($10) ($10) ($10) ($10)
31 Other 0 0 0 0 0 0 0 0
32 Debt Service 0 0 (1 0 0 0 0 0
33 Repay LT Debt 0 0 0 0 0 0 0 0
34 Admin Trans to Gen Go 29 103 109 149 154 160 165 171
35 Admin Transfers CS Adr 43 81 81 73 94 97 100 103
36 Landfill Expense 723 785 913 1,001 1,087 1,176 1,307 1,453
37 Racycie Expense 0 0 0 33 24 25 27 29
36 Other 0 0 0 0 0 0 0 0
39 Total Nonoperating (Rev $798 $969 $1,09"9 $1.246 $1,349 $1,448 $1,689 $1,745
40 Expenses 1,651 2,140 2,310 2,564 2,751 2,912 3,065 3,300
41 Net. Income Cash Basis LM Im 11190) W12) LSq) IMI 2.4 12
42 Non-Operating Interest D 0 0 10 45 67 0 0
43 Fixed Assets (1) 71 I1 28 58 60 31 26
44 Debt Principal 79 70 79 81 91 126 183 172
45 Depreciation (24) (130) (25) (26) (19) (32) (39) (41)
46Net_Income FugAccrual , 41) ;149 ;24 $54 ;?2$ $19j $t8~ ;„1@¢
i
m
a
27-Aug-93
08 24 AM f$ XD1O0L0~ Ap odaNo~ -
ACTUAL BUDGET ESTIMATE FY FY aflandaiie
1992 1993 1943 1994- 4Y
1995 .1996 1 97
1 Cy Residential 72,661 76,723 70,666 73,015 74,512 75,039 25,617 Lan dl
2 CY Commercial 241,595 261,759 304,302 286,039 288,971 291.933 97,325 Full
3 CY Contract 33,001 7,014 25,710 28,336
4 CY Cash 30,132 30,881 10,444 in 1st
5 CY Other 2 106 .498 31,152 31,927 10,796 puarter
6 Total Annual CY 379,151 2,023 1,521 229334 853 4419,4C8 4191420 2,574 2,636 692 ,I
06 427,341 433,418 145,0661 FY 1997
7 Cu mUlallVe CY 3,212,323 361 G,17e 3.083, Tar 4,102 e37
6 Landfill Rate/CY 4.530.176 1,583,688 8,101_
- ,882
$3
Oparatmy Revenues 95 $4 25 - $4 55 _ $S,OD S5.50~
9 Residential Feas 218 230 212 256
10 Commercial Fees 725 765 913 280 306 114 366
11 Contract Fees 1,001 1,167 1,176 452 31 1,453
114 24 89 112 128 140
12 Cash Fees 76 79 106
52 176
13 Other Fees 91 104 114 42 145
7 7 t 10 11
14 M+sceifanoous 12 p 6 f' 0 4 15
15 Total Operating Revei $1,142 $1,132 $1,331 $1,469 0 0
Other Revenues $1,610 $1,749 $644 $2.177
t6 Aid In Construction 0 0 0 0
17 0 0 ° D 0
18 ° 0 0 0
0 0 0 0 0 0
19 Total Operating & Ot $1,142 $1,132 $1,331 S11469 $1,610 $1,749 1844
$2,177
Operating Expenses
20 Payroll $230 $210 $231 $275 $286 $298
21 Supplies 34 44 39
47 48 50 51 $351 $322
22 Maintenance 145 154 167 53
23 Services 174 162 181 355 167 1 373 97 392 207 417 211 226
24 Insurance 20 6 6 432
25 Sundry 0 DB 2 2 2 2 2
26 Other 96 114 118 121 125 129
0 0
27 Other 0 0 ° 0 0
2e Fixed Assets ° 0 ° ° 0 0 0 0
29 Bad Debt 2 31 3 1 2 1 1 10 6 6
30 Other 0 0 1 1 1 1 t 1
31 Other 0 0 0 0 0 0
0 0 0
32 Total Operating Expe $605 $732 $758 $1,002 $1,026 $1,080 $1,123 $1,174
33 Net Operating Revenr $537 $400 $570 $467 $584 $669 ($479) $1,003
Nonoporating_jReyenues) Expenses
341ntarost (830) (so) is1} ($1}
35 Other 0 ( 0) f$0) (S1) {$1) IS1)
36 Debt Service ° °
193 195 165 179 251 491 921 1 881
37 Other 0 0 0 0 0 0
38 Admin Transfers GG 1a 17 1? 0 0
39 Admin Transfers CS • g 25 28 27 25 29
40 Miscellaneous 14 t 1 28 36 89 39 41
0 D 0 0 0 0 0 0
41 Landfill Closure Fund 0 100 100 100 100 100 100
42 Debt Retirement 0 45 45 45 45 0
43 Total Nonoperating (F $216 $361 $361 $378 4S 45 9
44 Ex enses $4 $699 $1,132 3949
P 821 1,093 1,111 1,376 1,491 91 1,779 2,.SS .1123
45 Net, Income_ Cash Be #L? ltl•.L) w
48 Non-operating Intere p 0 0 1 + a
47 Fixed Assets 0 34 8 31 20 1 6 0
4E Debt Principal 21 21 10 8 p
21 22 24 33 49 45
49 Depraclation
(6 J)
50 Net „Income , F-0Accrr ~>3e l206) -1 (21 G) (257) 11 62) {274) (334) (345)
;g3 It2.4) 4L?1 IW1 (I?,e9V 443a
i
W
A~QBfId~1ND 731 _j2~
27-Aug-93 RECYCLING Agendalta
06 43 AM AM X 1000)
.1
Cole
ACTUAL BUDGET ESTIMATE FY FY FY FY FY
1992 1993 ,1993 1994 1995 1996 1997 1999
1 Pounds Clear Glass 0 0 0 0 0 Cl 0 0
2 Pounds Colored Glass 0 0 0 0 0 0 0 0
3 Pounds Plastic D 0 0 0 0 0 0 0
4 Pounds Newspaper 0 0 0 0 0 0 0 0
5 Pounds Aluminum 0 0 0 0 0 0 0 0
6 Pounds Cardboard 0 0 0 0 0 0 0 0
Flevanues
7 Curbsida 4 11 1 0 u 0 0 0
a NSncurbslde 0 0 12 67 67 67 67 67
9 Res, Product 0 0 0 32 33 34 34 35
10 Comm. Product 0 0 0 71 72 73 75 76
11 Res. Yard Waste 0 0 0 61 61 64 65 56
12 Residential 0 0 0 149 153 163 174 166
13 Commercial 0 0 0 33 20 25 27 29
14 Total Recycling Revenue 4 11 12 413 410 425 442 459
Opargi ing Expenses
15 Payroll 0 0 0 145 151 157 163 169
16 Supplies 0 0 0 38 39 40 41 43
17 Maintenance 0 0 0 32 34 35 37 39
18 Services 0 0 0 124 130 137 144 151
19 Insurance 0 0 0 4 5 5 5 5
20 Sundry 0 0 0 0 0 0 0 0
21 Other 0 0 0 0 0 0 0 0
22 Other 0 0 0 0 0 0 0 0
23 Fixed Assets 0 0 0 70 52 52 52 52
24 Bad Debt 0 0 0 0 0 0 0 0
25 Vacation/S0 0 0 0 0 0 0 0 0
26 Other 0 0 0 0 0 0 0 0
27 Total Operating Expenses $0 $6 $6 $413 $410 $426 $442 $459
Non9Perating, ifle_v,@n_uesL Expenses
28 interest (e30` $0 $0 $0 $0 $U $0 $0 $0
29 Other 0 0 0 0 0 0 0 0
3D Debt Service 0 0 0 0 0 0 0 0
31 Repay LT Debt 0 0 0 0 0 0 0 0
32 Admin Translars GO 0 0 0 0 [ 0 0 0
33 Admin Transfer CS Adml 0 0 0 0 0 0 0 0
34 Other 0 0 0 0 0 0 0 0
35 Other 0 0 0 0 0 0 0 0
38 Other 0 0 0 0 0 0 0 0
37 Total Nonoperating (Revar $0 $6 $6 $0 $6 $6 $0 $0
38 Expenses 0 0 0 413 410 428 442 459
39 Net Income,.Cash _Basis SA $13 LU) €2 33 La 12
40 Non-Operating Interest 0 0 0 0 0 0 0 0
41 Fixed Assets 0 0 0 70 52 52 52 52
42 Debt Principal 0 0 0 0 0 0 0 0
43 Uepreclation 0 0 0 0 0 0 0 0
44 Net Income-FullAccrual _ E 3g X11 1$ ;~Q $152 $A$ 04 01
s
CITY OF DENTON CITY COUNCIL MINUTES L /~eSb
August 3, 1993
The Council convened into the Work Session at 5115 p.m. In the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, and Miller
ABSENTi Council Member Perry
1. Budget Presentations
Introduction
Lloyd Harrell, City Manager, outlined the budget discussion
schedule. City departments began budget presentations that evening
with the next week's meeting devoted entirely to the remainder of
the departmental presentations. The presentations were designed
for departments to explain their budgets, any significant changes,
and respond to any questions. Three meetings devoted to further
discussion by the Council and dealing with policy issues plus other
major issues put on the table by the Council were scheduled for
August 24, August 31, and September 7. Major policy issues needed
to be decided by September 7th so that the budget and tax rate were
formally adopted on September 14.
John McGrane, Executive Director for Finance, distributed
Information concerning changes from the major budget issue report
or the budget document, The first two changes were reflected in
budget document, but were different from the major budget Issues
report. Since the major issues report was distributed the sales
tax number was updated which reflected the current actual numbers.
The second item was an update on the effective tax rate based on
the certified assessed property values for Denton, The new
effective tax rate to fund the proposed budget was 74.900 per $100
valuation. in the major budget issues, the rate was based on the
preliminary roll and was 73.200 per $100.
Council Member Cott questioned how much of the tax roll was still
a dispute.
Mr. McGrane stated that the city was not supplied with that number..
Council Member Cott asked if the number was going to be available
before September budget decisions.
Mr. McGrane stated that depended on whether the cases were heard
before then or not. He was aware of one large business personal
property under dispute which might be heard before September 1.
By law, the Appraisal District was only required to supply the
certified roll which they certified at 951.
{
bQ8l1Q2N0.,__
Apeodalte Dale
City of Denton City Council Minutes 56
C2 1~4
August 3, 1993
Page 2
Mr. McGrane stated that Item C. which discussed transferring a
position from the Planning Department to Solid Waste as part of the
recycling efforts reflected the personnel dollars transferred but
not the other money for travel, office supplies, etc. There was
$3,673 in the Planning Department budget which could be
redistributed by the Council.
Mr. McGrane explained that Item D. referred to page 427 of the
proposed budget where percentages were in error. The proposed
document was not corrected, but when approved, the budget document
was to reflect the corrections.
One other item which came to light after preparation of the
proposed document was Flow Hospital escrow fees which the city was
responsible for estimated at $700 a year. Since the escrow
agreement was for several years, the fees were a separate line
item. The item was not reflected in the proposed budget, but was
to be inserted and reduced the unreserved fund balance by that
amount.
Mr. McGrane provided an overview of the budget. The general fund
was the primary general service budget. Ad valorem tax made up
32.3% of the general fund revenues. The proposed budget was based
on the effective rate of 74.9; which brought in the same amount of
dollars as last year. The 74.9; included the debt service portion
which paid for general debt service which Increased because of
activities done in the last year. What that meant was that if the
city got the same amount of dollars as last year, the amount of
dollars for operation and maintenance decreased. Therefore, the
general fund budget reflected somewhat of a decrease.
Mr. McGrane stated that ad valorem percentage last year was
approximately 341 of the operation and maintenance budget as
compared to a projected 32.3% for the next budget year.
Mr. McGrane stated that sales tax receipts were up 10.91 through
June. A portion of the increase was based on actions in last
year's budget which eliminated the exemption of sales tax on
residential gas and electric sales as of January 1.
Council Member Cott asked how much the new outlet mall affected
sales tax receipts.
Mr. McGrane stated that the state had not provided the statistical
information but he estimated the effect of the outlet mall
attributed to about 31 of the 5% increase. Sales tax was 22.1% of
the general fund revenue.
s
Y
Agenda No
Ageidalle
City of Denton City Council Minutes E~te~~ 3
August 3, 1993
Page 3
Another large portion of the general fund revenues was from
transfers from both utilities and bond funds. There were two
transfers for the utility fund. One transfer was the city's 61
return on investment which was under charter, and the second was
the transfer administrative costs which were set by a cost
allocation plan by David M. Griffith, a private consultant. Also
charged back to the capital improvement bond fund and the utility
bond fund was work done by city engineers on projects. The
transfers made up 261 of the budget. Total revenue for the general
fund was $29,021,97. General fund expenditures totalled
$29,5490408. The difference between the amount of expenditures and
the amount of revenues was supplemented by fund balance. Council
had set a policy that kept the fund balance between 8-101 and the
action brought the fund balance closer to 101.
Mr. McGrane stated that electric utility expenditures were
$68,982,000. Of the amount, 69.21 was for purchase power. Water
expenditures were $13,458,000 and wastewater expenditures were
$81067,000. Mr. McGrane pointed out that the utilities budgets
were presented and reviewed extensively by the Public Utilities
Board and were sent to City Council through the City Manager who,
by charter, could not make any changes. The utilities budgets were
based on an overall rate increase in the electric department of
3.21. Overall water rates increased 41 and overall wastewater
rates increased 131.
Mr. McGrane stated that the sanitation fund included total solid
waste expenditures of $5,087,000. Of that amount, residential
expenditures were $10382,000, commercial expenditures $10305,0000
landfill $876,000 and miscellaneous expenses of $915,000. A major
recycling effort accounted for 171 of budget increase in the
sanitation fund. The rate increases in the sanitation fund were
500 per month for residential, an 81 commercial Increase and 500
per cubic yard at the landfill.
Police
Police Chief Mike Jez reported that the Police Department budget
reflected that supplies stayed the same as the prior year. There
was a $130500 increase in maintenance attributable to the delayed
replacement of some vehicles and Increased maintenance for the
vehicles. The services budget showed a $52,000 reduction from
money saved for delaying replacement of vehicles. The sundry
account showed an approximate $20,000 Increase as a result in
Increased cost the Occupant Protect Protection Grant, Incurred from grant and Selected Traffic oEnforcementEGrant
had Increased city costs as the state funds decreased. Under fixed
assets was $12,800 to be used for portable handsets and
a
AQIbdIF1D
Ap ~01 I
Date
City of Denton City Council Minutes
August 3, 1993 ~J
Page 4
communication equipment for police officers for field assignments.
The Police Department had only 30 handsets currently.
The 93/94 budget Included $24,060 to add one additional civilian
jailer to the department. Chief Jez stated that currently the
Police Department had two jailers which made it impossible to staff
the jail 24 hours a day, 7 days a week, 365 days a year. The city
Incurred a tremendous amount of liability in connection with the
maintenance and operation of the jail. With the move to the new
building in the next fiscal year, the jailer positions became more
important because the jail increased in size. The ultimate goal
was staffing the jail with a jailer around the clock. Currently,
the duty officer made routine and periodic inspections of jail at
times when there was no jailer and that one of the supervisors be
present to oversee and supervise any time an inmate was booked into
the jail.
Council Member Miller stated that he recalled that crime statistics
were down this year and lead the state.
Chief Jez responded that Denton lead the state with a 211 reduction
in crime.
Council Member Miller stated that all the numbers budgeted showed
an increase. He questioned whether the numbers were increased
because of growth or had the department reached the point of
diminishing return.
Chief Jez stated that it was a combination of a variety of reasons.
Denton had at least a single digit reduction in crime in each year
following 1988, and in some instances, a double digit reduction.
The 211 rate referred to was for 92/93. Last month, the rate was
down some 151. The apprehension on the part of the Police
Department was because of the long trend of reduction, that in time
the numbers began shifting up. The budget numbers were a
combination of both intuition and tracking offenses in Denton and
making reasonable assumptions about the next year.
Council Member Miller asked If the computer system that was being
discussed would help some of the situations.
Chief Jez reported that the computer system Impacted in a variety
of ways. The computer system assisted In reducing costs in some
areas as It related to purchasing forms and paperwork that clerks
were doing that no longer were necessary. The computer improved
ree,onse time because of the automated dispatch function. The
computer enhanced investigative possibilitfen.
•
•
r
f
Ao"da Na _-VmL" -Lz
A~eadaite s'
rote--~~""'
City of Denton City Council Minutes b6
August 30 1993
Page 5 v
Council Member Miller questioned whether the budgeted purchase of
handsets gave the department the number of handsets needed for all
officers in the field and what was the expense to get enough.
Chief J3z stated that the proposed budgeted expenditure was not
enough. The number or cost figures were not available but would be
provided for Council.
Rick Svehla, Deputy City Manager stated that the handsets cost
$3,000 each and the proposed budget got the department four new
ones.
Council member chew questioned that with the increased space at new
facility would four jailers be needed instead of three jailers.
Chief Jez stated that ultimately 6.5 civilian jailers were needed
and the department was working gradually to build to that number.
City Manager Harrell that very few new positions were proposed in
the general fund. Staff ranking looked at the need of the Police
Department for a civilian jailer and that even with a tight budget
progress needed to be made.
Council Member Chew stated that this was one area that really
needed to be looked at.
Council Member Cott stated that when the Police Chief and the Fire
Chief discussed with Council approximately $2 million of management
information systems, neither seemed to follow through on the
discussions. Cott asked that of the $300,000 increase in personal
services was that part of the $2 million or did that include two
new COPS neighborhoods.
Chief Jez stated that personal services was to be addressed by Tom
Klinck when he made his presentation to the Council. The
management information systems had not yet been addressed for the
Council and was not a part of the budget.
Council Member Cott asked if the Police Department planned to
implement the MIS system this year.
Deputy City Manager Svehla stated that it was to be implemented in
the next fiscal year about the time of the move to the new
building.
Mr. McGrane stated that the management information system was also
looking at the possibility of issuing C.O.'s which related back
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into general debt service payment that came up the following year
and took away from operation and maintenance.
Fire
Fire Chief James Thomason stated that the fire budget was broke
into divisions with the overall budget increasing $24,000 excluding
personal services. Fire administration showed an increase in
services of $29,781 and fixed assets of $3,000. The fixed assets
increase was for radio equipment. The hand held radios in the Fire
Department were four to five years old and showed considerable wear
and tear. Also included in the package were two outdated and
nonserviceable pagers to be replaced.
Chief Thomason stated that the fire operations budget remained the
same except for a $10000 increase in supplies. In fire prevention,
Chief Thomason stated that there was some Increase in services
primarily due to the fact that the Fire Marshal's division picked
up three automobiles during the current fiscal year which required
payment of debt service. Fixed assets in Fire Marshal's office
included a package for equipment for the fire investigator.
In the emergency medical services budget, Chief Thomason reported
two small areas of increase in the budget offset by a decrease in
services of $28,000 due to retirement of the debt on ambulances.
The next fiscal year was the first year to begin a program of
refurbishing ambulances. Approximately six years ago, the fire
department had told Council that once a fleet was developed with
self contained units with generators and supplies, the Fire
Department no longer looked at purchasing new ambulances but at
refurbishing units. The cost to refurbish one unit was $17,500.
Chief Thomason reported that the emergency management budget was
eliminated and was absorbed by administration.
Council Member Cott suggested as new state art equipment was
acquired that the billing of $200 for services be reconsidered to
fully billing for cost of services.
Chief Thomason stated that the proposed $200 fee was within the
average of the north Texas area. Staff was evaluating the cost of
supplies and procedures rendered on the ambulance for an additional
charge to the base fee.
Council Member Cott asked what the collection percentage was on
what the city billed.
Chief Thomason stated that the collection rate uas under 50%.
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Council Member Cott asked what could be done to improve the
collection rate.
Kathy DuBose, Director of Accounting & Budget Operations, stated
that a collection agency assisted in the collection process. The
city sent second and third notices to customers before the account
went to collection. The city was electronically filing Medicare
payments which assisted expediting payment.
City Manager Harrell stated that Finance was working with the Fire
Department trying to increase the collection rate. The collection
rate was not a unique problem to Denton and that ambulance charges
were notorious for running up bad debt, especially in communities
like Denton which were influenced by the Interstate.
Council Member Brock questioned if the line entitled "subscription
to ambulance" referred to the kind of insurance that was introduced
for subscribers for an annual fee.
Chief Thomason stated that the "subscription to ambulance" line
referred to the Denton Emergency Medical Services Membership
Program. It was not an insurance program but a subscription
membership program. In the next fiscal year, full color brochures
were to be eent to every resident in the city's EMS service
district including the small cities served and an aggressive
advertising campaign launched.
Council Member Brock queW.cr,ed what was the charge per household.
Chief Thomason responded that the charge was $36. People who lived
outside of the city also paid a $36 one time fee. If the
sub3criber were a City of Denton utility customer, they could pay
out the $36 on their utility bill.
Council Member Miller questioned if the move to Fire Station #6 was
reflected in the budget. He also questioned if as part of the move
to Station P6, that during day there were people in Station !1.
Miller also asked if there were any comparable numbers to reflect
the Fire Department's record in Denton in terms of response to
fires and emergencies like the Police Department so numbers could
be compared on a statistical basis.
Chief Thomason stated that the annual report from the Fire
Department reflected what had been done the past year compared to
what was done in years past. For the last 12-13 years, the number
of fire runs increased, but fire losses remained relatively
constant. Ambulance service had steadily increased.
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Council Member Miller stated he had received a report from the
Firefighters Association relative to the number of firefighters at
a fire scene and stating that seven were necessary to fight the
fire safely. Miller wondered what the city's response was and
asked that with the proposed budget does the city have sufficient
people to respond and safely fight fires.
Deputy City Manager Svehla stated that the city responded just as
those documents indicated in terms of number of personnel. The
city went to a fire differently in terms of how many vehicles were
taken to the fire because the Fire Department was spread thinner
than the national push for manning. A formal reply the Firefighter
Association's report was coming which responded to how the Denton
responded to fires and personnel used.
City Manager Harrell stated that the kind of manning suggested by
the firefighters was better, but it was a matter of very scarce
resources.
Council Member Miller wanted to be assured that with certain
minimum standards to fight fires in the community and for the
protection of the employees that Denton does not go below that
number. Miller asked if it were an accepted procedure that seven
firefighters were needed to safely fight a fire where people were
going into a building.
Chief Thomason stated that he was not certain that seven was the
magic number. The Denton Fire Department tried to have as many
people on the scene as possible. TF.e paging system allowed direct
call back of firefighters whenever there was a situation where more
staff was needed.
Council Member Miller asked if the staff felt comfortable that
there was enough communication equipment to provide good
communication for the staff from a safety standpoint; or if more
were needed, how many would that be and what was the cost.
Deputy City Manager stated that the number of radios needed and
cost of those would be provided.
Council Member Miller stated that in some preliminary data one less
person was shown in fire operations and one more in fire
administration. He questioned what was the effect in terms of
folks out fighting fires.
Deputy City Manager Svehla stated that the fire operations
reduction was the phasing out of the battalion chief position.
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When the last battalion chief retired, two new firefighters were to
be hired.
Council Member Cott asked for clarification that the number seven
was up to the Chief and not based on a national standard.
Deputy City Manager Svehla stated that the city strived to have
fourteen firefighters at a fire.
Chief Thomason stated that a typical run included three engine
companies with three men each, a truck company which had three men,
and an ambulance which had two men which was 14 people with an
option for the Captains to call for additional personnel whenever
necessary. The Fire Department strived for the optimum safety of
personnel at all times.
Deputy City Manager Svehla reported that the first meeting with
small cities concerning Emergency Medical Services went well. Five
of the eight cities served were represented and agreeable to
getting to parity preferably using a three year time frame. Mr.
Svehla requested Council direction.
Council Member Chew stated that he supported a two year time frame
for reaching parity.
Council Member Miller stated that with the tight budgets for the
small cities and Denton changing the rules on such short notice,
three years was a fairer way to reach parity.
Deputy City Manager Svehla stated that the disparity was presently
$4.00. If the new ambulance fee of $200 was implemented, the
disparity was only $3. The small cities proposed a 75; increase
for fiscal year 93/94 to be collected by Denton in fiscal year
93/94. An additional increase of $1.00 for fiscal year 94/95 and
an increase of $1.25 for fiscal year 95/96 which brought the small
cities to parity.
Further discussion concerning ambulance fees ensued and the impact
that the per capita Increase had on the small cities' budgets.
Council Member Chew stated his approval for a $200 ambulance fee
for everyone and bringing the small cities to parity in two years.
Mayor Castleberry asked if the new ambulance fee was to be
Increased prior to the new budget year. If so, it should be
considered soon.
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Council Member Miller supported the three year process for the
small cities to reach parity.
City Manager. Harrell stated that for many of the small communities
the per capita charge was a sizeable sum in their total budget.
The small cities agreed to the need to reach parity, but all cities
were in the budget process and requested the first year to be a
modest increase.
The Mayor asked for the opinion of the Council on the length of
time for small cities to reach parity. Council Member Smith
supported three years to reach parity. Council Member Cott gave
Council Member Chew is proxy. Council Member Miller supported
three years. Council Member Brock supported three years. Council
Member Chew supported two years to reach parity. Council directed
staff to allow the small cities three years to reach parity.
Engineering 6 Transportation
Jerry Clark, Director of Engineering/Transportation, stated that
the majority of the department's work was with the Utility
Department. In the next fiscal year, the department planned to
work on Fort Worth Drive from I-35 to Collins and the CIP. The
Engineering budget remained the same with no personnel changes.
Two supplemental packages inclsded a Wang Computer for the clerical
staff and replacement of a 1985 pickup.
The Transportation division continued to expand the closed loop
system and continued to work on adding two or three new signals.
The line items showed a slight increase in supplies, uniforms, and
gas, oil, and diesel. The maintenance line decreased and services
remained the same. There were no changes in personnel planned.
Streets
Mr. Clark stated that street patching was the crews which repaired
utility cuts and potholes. Supplies in the proposed budget
remained same, but maintenance was going up approximately $7,000.
Services showed a slight decrease which was involved with vehicle
replacements. The division worked with Motor Pool on replacing
equipment by keeping the beds and replacing just the chassis. The
division was also working with the garage and refurbishing some
equipment.
The street construction division does major street rebuilds.
Supplies remained same. Maintenance increased and services
decreased which was offsetting adjustments for refurbishing
vehicles and using money efficiently.
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The street lighting division was for the cost of funding lighting
for streetlights and traffic signals. Because the State paid for
traffic signals on I-35, this offset the increase in number of
streetlights
Airport
Rick Svehla, Deputy City Manager stated that the budget basically
remained the same with no supplemental requests because of the
runway extension. The contract for the engineering for the
extension was on the agenda to be considered later in the evening.
The extension's cost was estimated to be between $1.2 and $1.5
million and was a 90/10 project with the FAA. The contract to be
considered tonight was in two phases. The first phase was funded
with interest money left from '85 C.O. Issue. Mr. Svehla stated
that if the Council pursued the grant application for the extension
and it was approved, an additional $60,000 - $80,000 request from
the unreserved fund balance for our local match was to be made.
City Manager Harrell stated that as part of the major budget issues
there was proposal for an additional $125,000 in funds for
additional street construction which was not reflected in any of
the budgets presented.
Mr. Clark stated that if the ;125,000 were approved after projects
for 93/94 fiscal year were completed, the 94/95 fiscal year
projects were to be started. Approximately, 37 blocks of streets
were to be repaved.
The Council convened into the Regular Meeting at 7:00 p.m. in the
Council Chambers of City Hall.
PRESENTS Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, and Miller
ABSENTS Council Member Perry
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Planning
Session of June 25, 1993, the Special Call Session of June 29,
1993, the Regular Session of July 6, 1993 and the Special Call
Session of July 13, 1993.
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Smith motioned, Miller seconded approval of the minutes. Cn roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
3. Presentation of a Resolution by Senator Jane Nelson
designating Denton as the "Redbud Capitol of Texas".
Senator Jane Nelson presented the following resolution to the City
Council declaring Denton the Redbud Capital of Texas:
By: Nelson, Carriker S.C.R. No. 71
SENATE CONCURRENT RESOLUTION
WHEREAS, The Legislature of the Statc of Texas takes great
pleasure in recognizing Denton as the Redbud Capital of Texas for
its magnificent redbud trees that herald the arrival of spring each
year; and
WHEREAS, The lovely City of Denton has a long and
distinguished history and part of that history is associated with
the redbud tree; and
WHEREAS, In 1937, L. H. Hubbard, president of the College of
Industrial Arts, now Texas Woman's University, started an extensive
program to make Denton a redbud city; and
WHEREAS, President Hubbard established a plan in the 1930s to
plant hundreds of redbuds on the college campus and encouraged
residents to do the same to their lawns and yards throughout the
city; and
WHEREAS, Through the years Denton citizens have held annual
Redbud Festivals, crowned a Redbud Queen, and identified trails
lined with redbud trees; and
WHEREAS, Designated by the National Arbor Day Foundation as a
Tree City USA, Denton encourages the planting and maintenance of
the beautiful trees; programs that promote redbud plantings include
the landscaping of the future Performing Arts Building provided by
the Greater Denton Arts Council, plantings from private donations
along Carroll Boulevard, and tree plantings in the leindscape
medians on University Drive with funds from a grant from the Texas
Department of Transportation; and
WHEREAS, During the Christmas Treecycle program held on
January 2, 19931 the Denton Rotary Club donated a redbud tree to
each citizen who dropped off a Christmas tree for recycling;
approximately 300 redbud trees were donated to Denton schools= and
WHEREAS, The Treeline program sponsored by the city utilities
department replaces trees under electric lines with low-growing
trees including the redbud; and
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WHEREAS, The citizens of Denton are to be commended for their
magnificent efforts to beautify their city through planting and
maintaining redbuds and other native trees throughout their
community; now, therefore, be it
RESOLVED, That the 73rd Legislature of the State of Texas
hereby designate the City of Denton as the Redbud Capital of Texas
and extend best wishes to its residents for continued success in
the years to come; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the
City of Denton as an expression of the admiration and esteem of the
Texas Legislature.
Bob Bullock Peter Laney
President of the Senate Speaker of the House
I hereby certify that
S.C.R. No. 71 was adopted by
the Senate on April 13, 1993.
Betty Kinv
(SEAL) Secretary of the Senate
i hereby certify that
S.C.R. No. 71 was adopted by
the House on May 26, 1993.
Betty Murray
Chief Clerk of the House
Senator Nelson was presented with a Keep Denton Beautiful pin.
4. Presentation of the Keep Texas Beautiful, Inc. Awards.
Dick Engle, Chairman of Keep Denton Beautiful, presented the
Governor's Community Achievement award along with $100,000 from tha
State of Texas, the Proud Community Award, and the Sustained
Excellence Award which was received by scoring 90 or above for
three consecutive years.
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First Place in the Youth Leadership Award was presented to the
Panther Paw Pickups from Lee Elementary School.
Zan Austin was presented with the Sadie Ray Graff Education
Citation Winner.
Donna Schroeder was presented with the Sadie Ray Graff Education
Certificate of Merit.
The Ryan High School Ecology Club was voted the number one high
school in the State of Texas.
Jeanne Morrison received the Proud Community Individual Award, and
Judy Smith received the Proud Community Business Award.
5. Presentation of Yard of the Month Awards for August.
This item was pulled to be presented at a later date.
6. Citizen Report
A. The council received a citizen report from Joe Dodd
regarding sales tax increases.
Joe Dodd, 1107 Greenlee, discussed the proposed 1/2a sales tax to
offset property taxes. Mr. Dodd stated that he did not believe
that any business would make a decision for a sales tax increase.
Mr. Dodd stated that with or without the sales tax increase the
city would eliminate unneeded services and outdated programs, stop
the practice of having slush funds by using unfilled staff
positions to provide a little extra money and that the Council
would not waste a single taxpayer dollar. Mr. Dodd said most of
people he spoke with did not feel the 1/2e sales tax would offset
real property tax over a period of time. Mr. Dodd felt voters
would not approve the increase in sales tax. Mr. Dodd stated that
the City of Denton had no economic development board but had an
increase in electric charges to fund a small program out of the
Chamber. He stated that no amount of retail growth and no amount
of retail taxation solved any of Denton's current or long term
financial problems. Mr. Dodd supported an Economic Board free of
staff control with a clear and simpl,) mission of finding clean,
light industry for Denton.
Council Member Miller stated that the Council was not approving the
1/20 sales tax increase but was appointing an advisory task force
of citizens to study the idea. If the task force found it to be a
viable Idea, the decision was up to the voters of City of Denton.
Miller stated that Denton's Economic Development program was more
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than token and was a partnership between the private and public
sector.
B. The Council received a citizen report from Julie West
regarding the City's Comprehensive Housing Affordability Strategy.
Julie West, 3908 Atlas, stated that she was a seven month resident
of Denton and addressed the comprehensive housing strategy. Ms.
West applauded the city on its perspective of assessing
homelessness as an integral part of the comprehensive housing
affordability strategy. Homelessness affected everyone both
directly and indirectly. Numbers of homeless had risen to the
highest numbers since the Great Depression. Tue estimated number
of homeless ranged from 250,000 to 1,000,000. The General
Accounting Office estimated an annual growth rate between ten and
thirty percent. Denton was not immune to homelessness. Available
affordable housing had diminished. Ms. West stated it was
imperative that the Planning Department continued strides to assess
and impact the housing of the homeless. She requosted that Denton
consider all aspects that affect the homeless person and family
including physical and mental health, chemical dependency, social
isolation, inadequate government assistance, nutrition, disability
and job training. She requested a long term comprehensive approach
to curb homelessness in Denton.
C. The Council received a citizen report from Willie
Hudspeth regarding the city allowing water to be diverted on his
property.
Willie Hudspeth, 316 N.Bonnie Brae, stated that his concern was
twofold. He had spoken to the Council previously of the situation
in southeast Denton and asked for Council's help. Mr. Hudspeth had
purchased property in southeast Denton to build a home and allowed
the Denton Independent School District to purchase a portion of
property from him to build a new elementary school. After the sale
of the property, Mr. Hudspeth discovered that the DISD planned to
put a driveway in a location that destroyed many trees which had
made the property Lo attractive. Mr. Hudspeth felt that no
beautification efforts took place in southeast Denton. Mr.
Hudspeth continued to try to save the pecan tree located near the
driveway the DISD was constructing. He stated that his efforts had
included a plea to the Council to stop the destruction of the
trees. Mr. Hudspeth stated that Council's reply was that they had
no jurisdiction. Mr. Hudspeth stated that most of the trees were
destroyed. Mr. Hudspeth stated that he was having a difficult time
building his home in southeast Denton and could not get the city to
help. Mr. Hudspeth played a video of a previous Council meeting in
which Council stated that Mr. Hudspeth and the DISD should work
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together to find a solution to the problem. Mr. Hudspeth
distributed pictures of his property and contended that the city
had allowed the DISD to have their way. He contended that every
tree along the fence row would be dead in two years as a result of
the ditch that had been built.
Mr. Hudspeth's second concern was his request of Council at a
previous meeting concerning a concrete plant dumping pollutants
into an area where children play. He stated that Council agreed it
should be corrected and nothing had been done. Mr. Hudepcth stated
that he had gotten a copy from the Charter looking to see if there
was an exclusion for southeast Denton. Mr. Hudspeth also stated he
had obtained a copy of the city's mission statement because he felt
there was an exclusionary provision that said everyone but those in
southeast Denton. Mr. Hudspeth felt the Council discriminated
against people of the lower economic class, Mr. Hudspeth showed a
video of the area of his property that was allowed to have water
drained on it which he asked the city to help him with, the pecan
tree he was trying to save, the area of the concrete plant, and the
area at the back of his property where there was a large amount of
trash including the carcass of a dead animal. Mr. Hudspeth
contended that none of the concerns were being addressed.
Council Member Brock commented that she had received a list of
recent code enforcement actions in southeast Denton, many as a
result of NICE meetings. Council Members Miller and Brock attended
the NICE meetings along with staff where reports were given on
citizen concerns from the previous meetings. Brock stated that the
city does not discriminate against southeast Denton and the NICE
meeting provided a regular interchange between city staff and
residents with complaints handled as quickly as possible. Council
Member Brock stated that Mr. Hudspeth's concern about drainage on
his property, which was located in a flood plain, had been listed
on the weekly list of citizen complaints provided to Council. She
also stated that a piece of equipment had been rented to work on
Mr. Hudspeth's drainage problem while the city equipment was being
repaired. Brock felt Mr. Hudspeth was accusing the Council of
racism which she felt was not based on fact. She also felt that
when he referred to discrimination being based on economics that
Mr. Hudspeth was implying that everyone in southeast Denton was
really poor which was not true. Brock stated that she had worked
with southeast Denton for many years for improvement to that part
of the community.
City Manager Harrell responded that equipmw was rented to get
work done on the drainage problem which was , ze work list with
completion estimated at an approximate dat Concerning the
concrete plant, staff had worked with the company and received a
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pledge for plans to move thu location that was causing the problem
noted by Mr. Hudspeth.
Frank Robbins, Executive Director for Planning 6 Community
Development, showed an overhead on the preliminary drainage study
submitted when the Tomas Rivera School development was started.
The drainage shed around the larger outside edge of the area was
the drainage shed where most of the water reached the area in
question where Mr. Hudspeth had his concern and was now building
his house. That was a 22 acre drainage shed. The magnitude of
runoff which flowed through the drainage shed and then into the
Wilson/Newton area was 58 cubic feet per second in a 10-year storm.
With the Tomas Rivera improvement on this property which included
catching most of the water in the drainage shed and piping it
underground around the school and then back into Pecan Creek to the
east, there was only three cubic feet per second going through the
area. The city felt the DISD had taken reasonable efforts based on
the projection of runoff.
Mr. Robbins stated he had talked with Mr. Hudspeth about tree
removal in the past. Mr. Robbins showed an overhead with the
driveway alternative outlined. Water collected in a cul de sac and
went down both sides of the street. There were three protected
trees removed with the plan for the alternate driveway. The pecan
tree was still in place and the driveway rerouted to avoid the
tree. The driveway was close, which was not good for the tree, but
the tree was still there.
Council Member Miller questioned whether it had been a challenge to
build the school in the area given all the issues discussed but the
intent of the DISD was to have the school in that area.
Mr. Robbins stated that it had been a challenge. He also stated
that when Council passed rezoning in the area it included an
amendment to the ordinance which stated that in the event any
protected trees were removed from the property they were to be
replaced with four canopy trees two inches in calliper to be
planted as approved by the Planning Department. The plan to
replant the trees had not been submitted by the DISD, but it was
anticipated that twelve more trees were to be planted to replace
the tree3 removed which he anticipated were to be on the side of
the school between Mr. Hudspeth's property and t:ie school.
7. Public Requests
A. The Council considered approval of a resolution
temporarily closing Sherwood Street from its intersection with
City of Denton City council minutes atfC
August 3, 1993
Page 18
Mistywood Street to its intersection with Shadywood Street on
August 7, 1993.
Catherine Tuck, Administrative Assistant, stated that David Biles,
representing the neighborhood, had requested a street closing for
Sherwood Street from 12 noon to 8 p.m. for an event from 1 p.m. to
6 p.m. on August 7. Council was provided a copy of signatures of
property owners in the area. opposition had been resolved and the
barricades were to be manned so no property owner was denied
access.
The following resolution was considered:
No. R93-045
A RESOLUTION TEMPORARILY CLOSING SHERWOOD STREET FROM ITS
INTERSECTION WITH MISTYWOOD STREET TO ITS INTERSECTION WITH
SHADYWOOD STREET ON AUGUST 7, 1993= AND PROVIDING FOR AN
EFFECTIVE DATE.
Brock motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
The CIB. ouncil
at1207WHickory iforeVision Ministries until h midnight
on August 12-14, 1993.
Catherine Tuck, Administrative Assiata nt, stated that Steve Johnson
from Vision Ministries was requesting the exemption to the noise
ordinance for three days in August for an outdoor concert. The
event was a benefit concert and an outreach effort in the Fry
Street area. Mr. Johnson was working with the Police Department
for security plans for the event but the plans were not finalized.
Mr. Johnson was unable to attend the meeting but had sent a
representative. Staff had received one call in opposition.
Mr. William Johnson, 424 Stroud Street, stated that there was a
change to the exemption request which was until midnight on
Thursday and only until 1000 p.m. on Friday and Saturday. The
benefit was for food for Vision Ministries which was an outreach
organization in the comtaunity which assisted with food, education
and finances for Denton residents.
Council Member Miller questioned whether the event had all ready
been scheduled with the performers.
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Mr. Johnson stated that the performers had all ready planned to
perform on the three nights mentioned.
Council Member Miller questioned what the main purpose of holding
the function.
Mr. Johnson said the event was twofold purpose was to collect food
for Vision Ministries and to reach people in the Fry Street area
with alternative christian music which had a different messane from
the normal bands on Fry Street.
Council Member Miller stated that he had received a call from a
citizen concerned that the event was a combination of booze and
rrilgion. He questioned what the alcohol policy was or what was
anticipated.
Mr. Johnson stated he anticipated some drinking on Thursday night
and was not sure Friday and Saturday night once the Christian
message was established.
Council Member Miller questioned how many folks were anticipated to
be in attendance and was that what was being worked on with the
Police Department.
Ms. Tuck stated that one of the pieces of information that the
Police Department was interested in obtaining was an approximation
of number of people anticipated to attend. Vision Ministries was
instructed to speak with the Fire Marshal's office because of crowd
control issues and entrances and exits on some of the businesses to
make sure the area was kept clear.
Council Member Miller questioned how loud was Christian music.
Mr. Johnson stated that the music was the same as other bands only
with different lyrics and a different message.
Council Member Miller stated that the neighborhood was very
concerned about the amount of music in the area and disruption of
their peace and tranquility. He questioned if there was any way to
regulate the sound.
Mr. Johnson stated that the music was pretty loud. Since one band
was unable to start until 10 p.m. on Thursday, the request was made
for exemption until midnight. If Council was inclined to grant the
exemption only until 10:30 on Thursday, Vision Ministries was
appreciative.
Agenda No
Agendahym RS _
City of Denton city council minutes a-4
August 3, 1993
Page 20
Council Member Smith stated she had st~ken with a gentleman with
adult ministries at Denton Bible Church who explained the mission
of the Vision Ministries group. Smith questioned if they realized
that the Saturday requested was commencement.
Mr. Johnson stated that the people they were trying to reach were
from Denton and hung out on Fry Street.
Council Member Cott asked Mr. Johnson to describe the nature of the
relationship of Vision Ministries to the community.
Mr. Johnson stated that Vision Ministries was an outreach
organization for people down and out and was affiliated with Denton
Bible Church with an office located on the Square.
Council Member Cott stated that he had several calls from the
neighbors suggesting that the fewer interruptions to their life the
better.
Mr. Johnson stated that the event was not a Fry Street Fair but had
a goal to have a positive effect on the folks in the area and not
a rowdy affair.
Mayor Castleberry questioned if an exemption to 10:30 on all three
night was satisfactory.
Mr. Johnson stated that the request was still for midnight on
Thursday but an exemption to 1030 was all right.
Council Member Smith asked if 10 p.m. was any more of a problem
than 30:30 p.m.
Mr. Johnson stated that the bands had specific 45 minute sets to
perform and was not sure what problems were encountered.
Margaret Johnston, 1115 W. Hickory, had filled out card stating she
was in apposition to the request for the noise exemption.
Council Member Miller motioned for approval of exemption to the
noise ordinance for August 12, 13, and 14 until 1000 p.m., Chew
seconded.
Margarot Johnston, 115 W.Hickory, stated that she worked hard and
liked to rest in the evening which loud music does not allow. She
was not sure Mr.Johnson was too familiar with the Fry Street area.
It was in the best on condition it had been in the last 17 years
thanks to city officials and the Police Department. Ms. Johnston
stated she was not against preaching but loud music was loud music.
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City of Denton City Council Minutes aysd
August 3, 1993
Page 21
She stated she thought that the meeting place wa3 inappropriate,
and their ministry work could be done at their own facility. She
stated that ro way the event occurred without more beer sales
because it was in the backyard of four taverns. An extension until
10 p.m. was more acceptable than midnight. Ms. Johnston stated
that she thought an ordinance which prohibited loud music on vacant
lots or parking lots was needed. She also stated a concern of
where patrons parked when the concert was on the parking lot.
Mayor Castleberry questioned if the motion for the extension until
10:30 p.m. was acceptable.
Ms. Johnston stated that she accepted a 10130 p.m. extension if the
music stopped then and the crowd dispersed.
Mayor Castleberry called for a vote on the motion for an exemption
to the noise ordinance until 10130 p.m. on August 12, 13, and 14.
On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "nay",
Chew "aye", and Mayor Castleberry "aye". Motion carried on a vote
of 4-2.
8. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance rezoning a 1.419 acre tract from Single Family - 7
to the Planned Development Zoning district and approving a detailed
plan with designated uses for duplex and single-family uses. The
1.419 acre lot is located at the northeast corner of Frame and
Uland Streets. Z-93-012 (The Planning and Zoning Commission
recommends approval with a condition.)
Frank Robbins, Executive Director for Planning, stated that the
request was for zoning from SF7 to PD for four single family units
and six duplex units for a total of twelve duplexes. There was a
fairly substantial area of common open space in the north and
northeast side of the property as shown on the detailed plan.
There was a substantial intena.ity violation with the proposal. The
Denton Development Plan allocated six units per acre. The proposal
was for 11.97 units per ac•-e. The Denton Development Plan study
area that the property was located in was 1111 over allocated.
There was a tremendous amount of contact with the neighborhood by
staff and the proposed developer to see how the neighbors felt
about the proposed plan. The Council back up provided a positive
feeling from the neighborhood for the proposal. The Planning 6
Zoning Commission recommended approval based on the housing
diversity policy and the provision of low and moderate income
housing in the area.
~jenda No
Ag~ndalle~n
[hle.!
City of Denton City Council Minutes v?e~
August 3, 1993
Page 22
The Mayor opened the public hearing.
John C. Johnson, 2905 Pennsylvania Drive, owner of the project,
stated that this was the first opportunity In over 100 years to do
something useful and productive with the land. Mr. Johnson was the
first buyer of the property from the original estate since 1889.
During the 100 years, only two small framo houses were built on the
front corners of the land and nothing else was done. The land was
level, had no drainage problems, and had utilities. Mr. Johnson
stated that he chose to use the land as productively as permitted
to help with the continuing shortage of moderate Income housing
which was the market he continued to try to serve. Mr. Johnson
complimented city staff, Mr. Harrell, and Mr. Jefferson for their
assistance.
Council Member Smith complimented Mr.Johnson on his projects for
low to moderate income housing.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Brock commended Mr.Johnson's and staff's work with
neighbors which had been exemplary.
The following ordinance was considered:
No. 93-133
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM SINGLE FAMILY - 7 (SF-7) TO PLANNED DEVELOPMENT
(PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
1.419 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF FRAME
AND ULAND STREETS; PROVIDING FOR APPROVAL OF A DETAILED PLAN
FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $20000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council held a public hearing to consider the
preliminary and final replats of Lots 20 and 21, Block 35,
Southridge East (Phase One) Subdivision; into Lot 20R, Block 35,
The .459 acre tra.L' is located on the south side of Gatewood Drive,
between Ticonderoga and Lafayette Drives. (The Planning and Zoning
Commission recommends approval.)
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City of Denton City council minutes
August 3, 1993
Page 23
Frank Robbina, Executive Director for Planning, stated that the
public hearing was for a combination of two lots into one lot. The
city was required by state law to hold a public hearing for
residential replats. Utilities were in place, and the Planning and
Zoning Commission recommended approval.
The Mayor opened the public hearing.
No on spoke in favor.
No one spoko in opposition.
Brock motioned, Smith seconded approval of the replat. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Notion carried unanimously.
C. The Council held a public hearing on the proposed
annexation of 23.25 acres located north of and abutting Ryan Road
on Forrestridge Drive. A-62
Frank Robbins, Executive Director for Planning, stated that the
annexation was the next step in the process started in July. purpose of the public hearing was to take input on the service pThe
lan
and the annexation. The petition for annexation was a continuation
of the Estates of Forrestridge Development.
The Mayor opened the public hearing.
Buddy Roberts, Daltech Engineering, Dallas, spoke representing the
owners of the property, Lodge Construction Company. The intention
of the owners was to move forward with the same type of quality
housing development as was all ready present in Forrestridge and
asked for favorable consideration to the annexation request.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Miller stated that the city had the right to annex
property without people's permiasion, but in the case being
considered, the city was petitioned by owner of the land in order
to avail themselves of city services.
9. Consent Agenda
Council Member Cott requested Bid #1522 pulled for further
consideration.
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City of Denton city council minutes
August 3, 1993
Page 24
council Member Cott stated that his principle concern was to assure
that the historic accuracy was addressed.
Tom Shaw, Purchasing Agent, stated that the bid was for renovation
of City Hall and Civic Center Park sidewalks. The project was
started approximately six years ago as far as trying to determine
what to do with the brick sidewalk. The sidewalk had been a
liability concern because the city was unable to keep it properly
maintained and accident free. After talking to several contractors
over a period of time, the city was lead to believe that the
reusing of existing brick was far more expensive than replacing
with a concrete paver. When funds became available for improvement
of the area, bids were sent out for concrete pavers. After bids
were circulated, a citizens' group expressed their concern for
aesthetic and historical value of the building and the area. An
addendum to the bid was sent out with an option to reuse the old
bricks and the purchasing of new brick pavers versus new concrete
pavers. The tabulation sheet indicated that the base bid for
concrete pavers was $26,700 with a deduct for city removal of old
brick. The alternate 02 to reuse the old bricks was $16,900 and
alternate 03 to use new brick pavers was $29,700. There was
considerable discussion between using the concrete paver and
utilization of the old brick. When taking into consideration the
first three factors which the initial bid was based on, liability,
maintenance, and cost, the city leaned toward the concrete pavers.
After discussions with the contractor concerning width of brick,
possible tilting of brick, the fact the brick was not designed to
be a option. The low bidder time, reuse the the plold an and brick design the city
had in mind gave the city a satisfactory, low liability, low cost
sidewalk. The contractor's estimate was that there was 15-20%
damaged brick or unusable brick which needed to be replaced. A
representative from Acme Brick Assured the city that a comparable
brick had been located in Oklahoma. The intent of the contractor
was to scatter the brick throughout the project so that a cut line
was not visible.
Council Member Cott commended staff i
highlighting ofthe Ford Complex the city needed to be cognizant
of every factor.
Council Member Cott agreed to return Did 01522 to the consent
agenda.
Miller motioned, Smith seconded to approve the Consent Agenda as
presented. On roil vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
w
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Agenda No _Q►~-
AgendaEt m-~°----
City of Denton city council Minutes
August 3, 1993 (l
gage 25
A. Bids and Purchase orders:
1. Bid #1520 - Demolition
2. Bid 41522 - Civic Center Park-City Hall Sidewalk
Renovation
3. Bid 41512 - Water Meters
4. Bid #1519 - Automotive Filters
5. Bid #1524 - Asphalt Road Materials
6. Bid #1525 - Wire, Cable, Conduit
7. P.O. #35879 - J 6 M Equipment
B. Plats and Replats
1. The Council considered the preliminary replat of Lot
1, Block A of the Denton Square Shopping Center into Lots 1R and
2R, Block A. The 9.5079 acre tract is located at the northwest
corner of I35-E and Teasley Lane. (The Planning and Zoning
Commission recommends approval.)
10. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies 4or serices. 1524, 9 A.6. (9- Bid .A.3.- 52;#1512, 9.A.4. - Bid
#1519, 9.A . 5. - Bid The following ordinance was considered:
No. 93-134
AN ORDINANCE ACCEPTING A COMPETITIVE BIDS AND AWARDING A
FOR MATERIALS, FUNDS STHEREFOREUPPLIES
PROVIDING PURCHASE
CONTRACT SERVICEg1 FOR THE
AND PRO"TDING FOR AN EFFECTIVE DATE.
Smith mots, A, Chew seconded to adopt the ordinance. On roll
w
vote# aayeBroc~
and MayoreCastleber ye aye ill Motion carried unanimously.
'
B. The Council considered adoption of a:: ordinance accepting
public competitive works b or s impand providing for the rovements. (9 A.I. Bid award #1520, contracts
9r
pub 9.A.2. Bid
#1522)
The following ordinance was considered:
NO. 93-135
Agefidallani
City of Denton City Council Minutes
August 3, 1993
Page 26
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AND VE PROVIDING OFOR PROVIDING AN
AWARD
THE EXPENDITURE OF FUNS WTHEREFOR IMPROVEMENTS)
EFFECTIVE DATE.
roll
ed Chew seconded to adopt the ordinance. on
ion
Brock mot "ayell, Miller "aye", Smith aye",
vote, Brock "aye "I Cott Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The council considered adoption of an ordinaof mateviding
for the expenditure of funds for emergency purchases equipment, supplies or services in accordance with the provisions
exempting such purchases j from requirements of
of state law, competitive bid A
The following ordinance was considered%
No. 93-136
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES UR
SERVICES WITH PROVI STATE LAW
EXEMPTING ISUCH CPURCHASES F OMTHREQUIREMENTSSOFFCOMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
roll
Smith motioned, Brock seconded to ado t"aye"ordinanCe'. On Chew
vote, Brock "aye", Cott aye , Miller 'aye , and Mayor Castleberry "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance
authorizing an amendment to the contract with Freese and Nichols
for preliminary design work on the southern extension of the runway
at the Denton Municipal Airport.
Deputy City engineering sdesigntfor the southern extensionfof
the preliminary ary
runway at the airport allowing the runway to be extended to 6000
purchasing most of the land
feet. The city had been successful in n p p
needed for the extension. Cost for a small additional piece of ract land, staff time, as well as the cost of the engineering of the FAA
was eligible for reimbursement or for the city's portion
grant for the extension. The total amendment to the contract was
some $71,000, and staff suggested the city spend $37,590 for the
actual preliminary dnbeforetecontinuings onnwith ,thee final
competed for the grant
90/10 split extension with the FAA. The cost $1.2 to
n on with Total a cost of the
$1.5 milli of the
i
Agenda No
City of Denton City Council Minutes olf✓~~
August 30 1993
Page 27
contract and the city's in-kind services applied to the city's 101
match.
Council Member Brock questioned if in the initial expenditure was
there any cost sharing.
Mr. Svehla stated that the initial ;37,000 was eligible for our 10%
match. The city was doing all of the surveying on the southern
area which also counted as part of the city's 101 match.
The following ordinance was considered:
No. 93-137
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER
THREE TO THE AGREEMENT WITH THE CITY OF DENTON AND FREESE AND
NICHOLS, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR
IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORTS AND PROVIDING
FOR AN EFFECTIVE DATE.
Smith motioned, Miller seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance approving
an interruptable natural gas sales and purchase agreement between
the City of Denton and Taurus Corporation for the purchase of spot
market natural gas. (The Public Utilities Board recommends
approval.)
Jim Harder, Director of Electric Utilities, stated that the next
two ordinances were for the spot purchase program. Approximately
eighteen months ago, the city was searching for ways to avail
themselves of the spot market where gas was purchased on a spot
purchase which complied with state purchasing regulations.
Approximately one year ago, the city entered into a program
patterned after the city of Austin in which the city entered into
yearly contracts that were cancelable at any time. Five different
gas companies participated with the city at that time. The city
established a contract with the companies and then on a monthly
basis solicited spot purchases from them and selected the lowest
bid given to the city. The program had been very successful. A
couple of months ago, the city solicited additional gas companies
to participate in the spot market purchase contract program. The
two contracts presented were for two more companies willing to
participate in the program. Mr. Harder stated that several
thousand dollars had been saved on the spot market program.
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Agenda No
Agendaltem . - -
City of Denton City Council Minutes
August 3, 1993
Page 28
Council Member Cott questioned whether the city must buy in Texas.
Mr. Harder stated that there was no limitation to where city could
buy. Presently, the city's limitation was who transported for the
city. In a future CIP, the city was looking at possibly building
a gas to avail pipeline itself t of thq to anoth Interstate epipeline to allow the city
t
The following ordinance was considered:
No. 93-138
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE
AGREEMENT BETWEEN THE CITY OF DENTON AND TAURUS ENERGY
CORPORATION FOR THE PURCHASE OF SPOT MARKET NATURAL GAS=
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Cott motioned, Chew seconded to adopt the ordinance. On roll vote,
Brock "aye", Cott "aye", , Miller "aye" I Smith df ously ew "aye", and
Mayor Castleberry
F. The Council considered adoption of an ordinance approving
an interruptable natural gas sales and purchase agreement between
Corporation
UtilitiesrBothe ard purchase spot ma recommends
the City rket natural a gas. Highland
approval.)
The following ordinance was considered:
NO. 93-139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE
AGREEMENT THE PURCHASE OF SPOT N MAAND RKET NATURAL
COMPANY FOR GASf
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
Vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
G. The Council considered adoption of an ordinance amending
Chapter 2 of the Code Ordinances
Article of the City
III oe titled rBoards,
to administration by y
Commissions and Committees by amending Section 2-61 entitled
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City of Denton city council Minutest'
August 30 1993
Page 29
"requirements generally"; and adding Section 2-65 providing for a
limitation for terms of office for boards and commissions; and
amending ordinance No. 93-073 concerning rules of procedure for the
City Council by revising Section 8.3 (d) relating to appointments
and length of service on committees, boards and commissions; and
providing for savings clause.
Debra Drayovitch, City Attorney, stated that the ordinance set
forth the intention of the Council. The ordinance provided for
deletion of the requirement that a board or commission member not
be in arrears to the city. The ordinance also provided for
limitation for terms of office for board and commission members
which was identical to that of the term limitations that the City
Charter contained for City Council members. The ordinance also
provided some clean up of rules of procedures.
Mayor Castleberry stated that the other things that applied to the
City Council concerning term limit, coming back to run again, etc.
were incorporated into the ordinance.
The following ordinance was considered:
NO. 93-140
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON RELATING TO "ADMINISTRATION" BY REVISING
ARTICLE III ENTITLED BOARDS, COMMISSIONS AND COMMITTEES BY
AMENDING SECTION 2-61 ENTITLED REQUIREMENTS GENERALLY";
ADDING SECTION 2-65 PROVIDING FOR A LIMITATION OF TERMS OF
OFFICE FOR BOARDS AND COMMISSIONS; AND AMENDING ORDINANCE NO.
93-073 CONCERNING RULES OF PROCEDURE FOR THE CITY COUNCIL BY
REVISING SECTION 8.3 (d) RELATING TO APPOINTMENTS AND LENGTH
OF SERVICE ON COMMITTEES, BOARDS AND COMMISSIONS; PROVIDING
FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller aye+, Smith "aye , Chew
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
11. The Council received nominations for members and a chairperson
of a Special Citizens Advisory Committee to study a possible sales
tax to reduce property tax.
City Manager Harrell stated that the item followed the schedule
adopted by Council. The formal nomination by each Council Member
of two individuals to serve on the task force were made with the
actual appointment to be voted on next week at the formal Council
meeting.
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Date 93
City of Denton City Council Minutes
August 3, 1993UX
Page 30
Council Member Smith nominated Barbara Philips and Bill Patterson,
Council Member Chew nominated Dr. William "Bill" Luker and the Rev.
Alton L. Donsbach.
Council Member Miller nominated Joe Alford and Byron Hart.
Council Member Cott nominated Bill Utter Sr. and Roy Metzler.
Council Member Brock nominated Dr John Ellis Price and Ellen
Schertz.
Mayor Castleberry nominated Tom Sass and Dr. Derrell Bulls.
Council Member Perry submitted his nomination of Neil Durrance and
Dorothy Damico in a memorandum.
Mayor Pro Tom Smith nominated Tom Harpool for chair of the
committee.
At 9tO0 p.m. the Council had a short recess.
At 9115 p.m. the meeting was called back to order. Council Members
Chew and Cott were absent.
12. 'The Council considered an appointment of an ex-officio member
to the Downtown Development Advisory Board.
City Manager Harrell stated that an ex-officio seat was provided
and that the person was recommended by the Downtown Development
Advisory Board and approved by the City Council. Mr. Mike Bates
was recommended by the Board for the seat.
Smith motioned, Miller seconded to approve the appointment of Mike
Bates as an ex-officio member of the Downtown Development Advisory
Board. on roll vote, Brock "aye", Miller "aye", Smith "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Council Members Chew and Cott rejoined the meeting.
13. The Council received submission of the effective tax rate and
rollback tax rate.
Harlan Jefferson, Director of Treasury Operations, stated that the
State Property Tax Code required that three tax rates be submitted
annually to Council. These tax rates were the effective rate, the
notice-and-hearing limit tax rate, and the rollback tax rate.
Additionally, the law required that the rates be published in the
I
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endaCity of Denton city council Minutes Cole
A9 Wld-106
August 3, 1993 Page 31
local newspaper which was to be done in the Sunday edition. The
effethe
nctiveupcomitaxngratesca
fwhilchyewasasthe tax which produced the same income
i
i
ar brought in during the current fiscal
year when applied to the same property. That tax rate was 74,90
per ;100 valuation, The notice-and-hearing limit was the threshold
which if the city exceeded, the city was required to adhere to
several mandatory notices and a hearing on the tax rate. That rate
was 31 above the effective tax rate, 77.141 per ;100 valuation.
The rollback tax rate was the highest rate the city could set the
tax rate without being subject to a rollback by the taxpayers.
That rate was 80.681 per ;100 valuation.
14. The Council received submission of the certified collection
rate.
Mr. ated that art of state staffetoesubmittthe c llectt n ate which waseused tto calculate required
effective tax rate as well as the rollback rate. During the 91/92
fiscal year, the city collected 97.711 of the current year taxes.
During the current fiscal year of 92/93 through July, the city
collected 94.421 of the current year tax rate. The city also took
into consideration the delinquent tax rate, the rollback tax rate
and penalty and interest in calculating the collection rate, the
effective rate and the rollback rate.
15. Miscellaneous matters from the City Manager,
Lloyd Harrell, City Managor, presented the following Itemse
A. The Council received a recommendation from the 191
Committee,
Rick Svehla, Deputy City Manager, stats,d that the 191 committee met
on July 26 to consider using presold or existing bond funds to
continue with CIP programs for the coming years. The city had
ofestreet availlarevible theaappy ;1.3 million worth
bonds to continue on with the street portionc offtheinCapital
Improvement Program for the next two years. The 191 Committee
reviewed that idea and recommended that the city use the existing,
available bonds to do all of the street projects In the 93/94 CIP
and use whatever portions were left to do street construction from
the 94/95 CIP. The 191 Committee discussed procedure. Staff was
to bring a list for each of the categories included such as
signals, reconstruction of street, etc. and the 191 Committee then
recommended to Council for the categories not all ready dollneated.
x
A~ endsNo~~ Agenda City of Denton City Council Minutes ate' Aug
ust 3,
1993 J:) Z
Page 32 d
8. The Council received a report regarding the City's Anti-
substance Abuse and Rehabilitation Policy (1108,12), Drug nd
Alcohol Free Workplace Policy (flo8,ll), and drug screening
procedures and practices.
Tom Klinck, Director of Human Resources, stated that the city's
Anti-Substance
Free Workpla e A Policy a dh heldrug gscreenin Drug and Alcohol
practices grew out of request from managers and superrocedu and
visorsein the
field who were concerned about the safety of other employees and
citizens. Approximately, ten to fifteen policies from all over the
nation and Texas were reviewed and studied. The first
polic was
in June of 1988, After extensive review and revisions
over two and one half years by employees, management and the Legal
Department, City Council conducted two study sessions on the whole
issue Council authorized the resolutions and policies for July
1991 implementation.
Mr. Klinck stated that extensive training of managers and was
cted,
cies communicated to allcemployees at staff meetings, procedures were
great deal of time was spent communicating Band advertising ethe
wasiinform d e Cortmunlcationand recruitment advact
IvIties to tlsing (forte re the
er
place, were still lin
Mr. Klinck stated that the Dru and
provided em 9 Alcohol Free Workpic a workplace free from problems ofuseaandpabuse
of drugs and alcohol, The policy stated that employees could have
no controlled substances in the work environment, no alcohol on
city property or while employees were performing their job duties,
and if an employee was convicted, the employee must notify the city
within five days, The policy primarily complied with federal law
to ensure the city continued to receive federal funds,
Mr Klinck stated that the Anti-Substance Abuse and Rehabilitation
Policy was named that to reflect policy of the organization that
substance and alcohol abuse was a serious roblem In our s
and that termination of an employee without rehabilitation wasinot
solving the problem. The key policy statements were that employees
were prohibited from manufacturing, using, possessing, selling,
distributing, consuming and transporting any controlled substance
or alcoholic beverage on city property when conducting business or
performing a job duty or responsibility and could not be under the
influence while performing job duties. was
shown to misuse drugs and alcohol or had that to dlency washdenied
employment. An employee who developed an abuse or dependency was
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Date City of Denton City council minutes
August 3, 1993
Page 33
assisted with rehabilitation but was not excused from disciplinary
action if warranted,
I
Mr. Klinck stated that the procedure part of the policies was the
drug screening program. The city followed the National Institute
of Drug Abuse recommendations that related to the collection using
a certified facility. The certified facility had very specific
procedures for collecting and sealing the sample which ensured the
integrity of the sample. Mr. Klinck stated the type of test used
by the city was an Initial screening test that determined if there
was a detectable level of a substance and then a confirmatory test
if there was a detectable level to establish exactly what level for
various kinds of categories existed. The city used established
cutoff levels that were recommended by the NADA and the medical
profession. The city was not required under federal law to comply
with that guideline, but the city followed that guideline. Federal
law required that a medical review officer communicate positive
test results, but the city was not required to follow that standard
so the city communicated results on its own because of the expense j
of a medical review officer, !
Mr. Klinck stated that applicants had to pass a drug screen as a
condition of final employments and if the applicant had a positive
result, they were denied employment. After six months, an
applicant could reapply. For employees, the procedure had three
levels for testing which were reasonable suspicion, post-accident
which resulted In property damage of $10000 or more, or promotion
to a safety sensitive position. If the employee tested positive,
the employee was subject the disciplinary action and a mandatory
Employee Assistance Program referral.
Between July of 1991 and July 1993, the city had conducted
approximately 670 drug and alcohol screens with 97% negative
results and 31 positive which translated to about fifteen
applicants rejected for employment and nine employees who received
some form of disciplinary action and an EAP referral. Klinck
stated that there were number of success stories with employees who
were Identified as users who had gone through a rehabilitation
program and transitioned back into productive roles in the
organization. Mr. Klinck stated that advertising the city as a
drug and alcohol free employer discouraged applicants which were
users.
Council Member Chew asked how the city addressed retesting.
Mrs Klinck stated that If an employee tested positive, the employee
was given an opportunity to explain the possible reason for
positive testing. An option for an employee included that they
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could request a retest of the original sample within 10 days and
they could provide a second specimen at the same time and have that
tested separately. When the employee tested positive on the first
test and negative second, the city procedures wej:e to discuss that
with the employee and obtain an explanation. If there were no
explanation, the benefit of the doubt was given to the employee.
Mr. Klinck stated that toxicologist stated that there was a small
problem with poppy seeds. The problem was that if the applicant or
employee tested positive, the city had no way of knowing If it was
poppy seeds or something else so the city required some reasonable
explanation.
Council Member Chew questioned if our policy was no different than
that in Fort Worth and other cities.
Mr. Klinck stated that the Fort Worth policy had some minor
differences and they actually performed random testing on current
employees. Denton's procedure was the same as Fort Worth. Mr,
Klinck stated that his department had surveyed Fort Worth, Plano,
DeSoto, and Carrollton concerning the policies and procedures.
There were minor differences in the policies but basically the
approaches were identical and procedures were the same.
Council Member Miller asked if the retest procedure was the same
for applicants as for employees.
Mr. Klinck stated that the city does not provide a retest option
for applicants.
Council Member Miller asked that if in the case that was publicized
had we provided a retest.
Mr. Klinck stated that the city provided a retest as an
accommodation to the applicant.
Council Member Miller stated that because of confidentiality to the
applicant the tests could not be discussed with the media but the
applicant could,
Mr. Klinck stated that the news report was not accurate in terms of
what they reported.
C. Howard Martin reported that the elevation level of Lake
Ray Roberts was at the required point to complete repair of rip
rap. The level was to be maintained during the repair project.
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D. Mr,Svehla reported that the Teasley bane utility
relocation portion of the project was essentially completed.
E. Firefighters were moving into Fire Station 06 shortly.
Mr. Harrell suggested Saturday, September 11, for a dedication date
which was to be a combination dedication of the fire station and
reception for retired Council Member Hopkins.
Council Member Brock requested that the time of the dedication be
late afternoon.
16. New Business
The following items o: New Business were discussedi
A. Council Member Smith announced the Council was cleaning
their Adopt-A-Spot Saturday morning at 830.
B. Council Member Smith asked if any Council Member were
attending the TMI. quarterly meeting in Benbrook on August 26.
Council Member Miller stated that he was planning to attend.
C. Council Member Miller questioned if the Fair Association
Task Force had been deferred.
The Mayor stated that it had.
D. Council Member Miller stated that while in Washington
D.C. earlier in the week he had visited Representative Sarpalius'
office. Representative Sarpalius was looking forward to his visit
to Denton and asked about the picture.
E. Council Member Brock stated that at the O'Neil Ford
symposium a suggestion was made that it was appropriate for Denton
to have an annual conference on urban design named after O'Neil
Ford targeted for small cities possibly as part of our visioning
program.
F. Council Member Brock questioned what was the target date
for televising of Council meetings.
Mr. Harrell stated that btdo were out and were soon coming to
Council for approval.
0. Council Member Brock stated that several Council Members
had asked to be notified of the sum of delinquent tax accounts
turned over to the firm for collection
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H. Council Member Brock reiterated her request for a report
of the city's use recycled paper and double sided printing.
17. The Council convened into Executive Session to discuss legal
matters (considered action in Texas Waste Management v. City) 0 real
estate (considered acquisition of property for the city's
landfill), and personnel/board appointments.
No official action was taken.
With the further business, the meeting was adjourned.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
BETTY WILLIAMS
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
AUGUST 101 1993
The council convened into the Special Call Session at 4:00 p.m. in
the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tom Smith; Council Members
Brock, Cott, Perry, and Miller.
ABSENTS Council Member Chew
1. The Council considered a motion approving nominations to a
Sales Tax Citizens Advisory Committee.
Mayor Castleberry read the names for the Committees Tom Harpool,
Joe Alford, Derrell Bulls, Dorothy Damico, Alton Donsbach, Neil
Durrance, Byron Hart, William Lucker, Roy Metzler, Bill Patterson,
Barbara Philips, John Ellis Price, Tom Sass, Ellen Schertz, and
Bill Utter, Sr.
Brock motioned, Smith seconded to approve the nominations. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
2. The Council received and considered budget presentations from
the following departments:
Lloyd Harrell, City Manager, stated that this was the second formal
study session on the proposed 1993-94 City budget. Department
directors would be making summary presentations on their individual
budgets concentrating on major changes from last year and major
policy issues contained within their budgets, Discussion the
following week would be information from questions from Council.
Regarding the Municipal Court, new legislation had passed
authorizing Denton's Municipal Court of Record. An individual task
force was working to move into that area. An analysis was needed
of revenue/ expenditure needs to be accommodated within this budget
for the Court of Record,
City Services
General Government
Catherine Tuck, Administrative Assistant, stated that the budget
included the City Manager's Office, the City Secretary and Council.
The proposed budget was similar to the previous year with the
addition of two packages. Those packages were for a public
information officer and a change in a secretary position from part-
time to full-time. Included in the secretary package was a one time
cost for a computer package.
Council Member Cott asked about the $20,000 from Utilities for the
Public Information Officer.
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Tuck replied that $20,000 would be shifted to the Utility Fund
which would allow him to divide his activities between utility and
general government duties.
City Manager Harrell stated that that would not be a new cost to
the City but would be a new cost to the general fund with a
corresponding decrease to the utility fund.
Council Member Cott asked if it were not done to that extent, could
utility rates be reduced.
City Manager Harrell stated that in the proposed budget $20,000
less would be reflected in the utility department salaries.
Tuck continued that there were decreases in the supplies, sundry,
and maintenance accounts with an increase in services. The largest
increase was in services for travel for CMO, City Secretary and
Council. Traditionally, not all seven Council Member attended
every event which would allow extra money for non-budgeted trips.
This was not the case with this Council. Core areas of interest
were maintained but there was less flexibility for unbudgeted
areas.
Council Member Cott asked if in the past, had the Council ever paid
its own way or paid for meals, eto.
Tuck replied that as the council was a volunteer group, the City
paid costs for training and meetings but not for personal expenses.
City Manager Harrell stated that some communities paid a salary or
paid members on a per meeting basis but Denton's Charter did not
allow for that.
Mayor Pro Tem Smith felt that the suggestions for travel were well
advised.
Legal
Debra Drayovitch, City Attorney, stated that personal services was
up due to hiring individuals with more experience which required a
higher salary. Two packages were included in the proposed budget
for secretarial overtime and for printer maintenance for the
office. The services category contained a category for funding an
outside attorney to help rewrite the City's Zoning ordinance. No
new positions were requested.
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Council Member Cott asked if the $20,000 for the zoning ordinance
was the total additional cost. If the zoning ordinance rewrite
were not done, could costs be reduced.
Drayovitch replied that if the rewrite were not done that money
could be spent elsewhere or could be put back in reserve.
Council Member Cott asked if the $20,000 was the only amount to
spend for the zoning ordinance in the budget.
Drayovitch replied that her budget was the only place in the budget
for that project.
City Manager Harrell stated that if Council decided to leave
$20,000 in the budget, it would have to review what was being
proposed from the Land Use Planning Committee after the budget
process. At that point, Council would have to decide whether to
proceed or not proceed with the rewrite. There were no set aside
support funds for the project but there would be a commitment on
the Planning and Zoning staff for costs already incurred.
Council Member Brock asked if the City Manager anticipated that
special legal counsel would be needed just to study the ordinance
for the Council to decide whether it wanted to adopt it.
City Manger Harrell replied that there would be several levels of
review. There would be a briefing following the budget which would
not involve outside counsel detailing the concept and how it would
work. At that point, if Council agreed, staff would work with
outside legal counsel for analysis.
Council Member Brock asked that if the review were not done, then
the funds would not be spent.
City Manager Harrell replied correct and that the funds would
rollover into next year's fund reserve.
Planning and Development
Frank Robbins, Executive Director for Planning, stated that the
Community Improvement Division had been merged with Utilities for
the proposed budget. The proposed budget reflected a reduction of
a professional position being transferred to Utilities. Supplies
and services were different from last year due to copying costs.
Staff was now producing their own copies. The Certified Local
Governrient survey would not be done,
Mayor Pro Tem. Smith asked for the cost of the survey.
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Robbins replied that the Historic Landmark Commission had proposed
a multi-year program which was $10000 worth of work as the State
reimbursed the city, It was felt that the survey could be done in
two years at a cost of $10,000 per year.
City Manager Harrell indicated that the proposed budget listed all
of the packages which were approved by the Executive Staff and
those which were not approved. This survey was not included in the
packages which were approved and if Council wanted to add it into
the budget, $3,954 would have to be added to the budget.
Council Member Cott requested that the move of the Community
Improvement Department be put in a total summary.
Mayor Castleberry asked for a new department organizational chart
plus a job description for that area,
Council Member Cott asked for a budget for just that department.
Robbins continued with the Building Inspections budget. Code
Enforcement would now be included in that budget which caused the
budget in that category to be increased. Services was increased
due to Code Enforcement mowing fund caused by Code Enforcement
being moved into Building Inspections. The proposed budget
reflected funding to purchase a new vehicle, a network card to
connect to the CityOs main frame and the purchase of a building
cod,j book.
Council Member Cott asked if the work done by Code Enforcement had
ever been ranked by the type of enforcement done.
City Manager Harrell replied that that was a policy direction from
the Council as far as the level of enforcement for various issues,
Council Member Cott suggested that after budget, a study session be
done to go over the type of code enforcement on various issues.
Council Member Miller stated that Council needed to decide what
type of enforcement it wanted but that it must be careful with
standards which would be set,
Council Member Perry stated that some of that type of ranking had
been done in the Parks and Recreation area with the mowing of
public areas.
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City Manager Harrell stated that Council had had a similar
discussion last year when it was decided to terminate after hour
patrols by the Animal Control Officers and only respond on a
complaint basis.
Robbins continued with the Main Street budget which contained no
major changes in the proposed budget. The Community Improvement
Division had been merged with Planning Inspections and Main Street
budgets for the proposed budget. Robbins also reviewed the
contributions to outside agencies regarding the Human Resources
Committee and allocations to those various agencies.
g, Nance
Administration
i
John McGrane, Executive Director for Finance, stated that the
administration budget was primarily the same budget as last year.
Two packages were proposed for GFOA membership dues and to restore
document printing. Printing was taken out of the budget last year
but when the quality of the document was looked at along with the
increased requests for copies, additional funding was required for
the printing of the budget.
Council Member Cott asked about the development of a five year
financial forecast.
McGrane replied that a five year financial forecast had been
produced in the past but was not used much. The forecast was
discontinued but the Department would like to restore it as a new
document. McGrane continued with the miscellaneous expense and
contributions to other agencies. In the Utilities Department
council increased last year the amount given for economic
development and that amount had been returned to the General Fund.
In the salary savings and salary adjustment category, if Council
approved the budget, this money would distributed to each
department per the adopted budget. The Laylor fund recipients were
noted in the various categories.
Council Member Cott asked for a discussion on cash projections for
the Laylor agencies such as on a quarterly basis.
City Manager Harrell stated that the council was scheduled to
approve the budgets of the agencies at an upcoming Council meeting.
Mayor Castleberry asked about the dues and publications category.
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McGrane replied that that category contained city-wide dues for the
Texas Municipal League, the National League of Cities and the
Council of Governments. Although the category was tit!ad "dues and
publications" there were no publication fees included in the
amounts shown.
McGrane noted that the liability insurance had decreased due to the
city's risk management program.
City Manager Harrell added that the self-insurance fund had been
built up which also helped with the fund.
Municipal Judge
Sandra White, Municipal Judge, stated that her budget remained the
same as last year. She had two requests for packages which
included funding for a permanent part-time judge for 20 hours of
work and a request for a computer to be hooked to the mainframe.
The part-time judge position would assist with the juvenile case
work and the computer request was to upgrade her office work.
Council Member Cott asked about the status of the City's Court of
Record work and was any of that anticipated in the budget.
white replied that the costs were not incorporated into the budget
as Court of Record bill had not been approved at the time of the
budget preparation. A task force was in place and was considering
the impact on various departments.
Purchasing/Warehouse
Tom Shaw, Purchasing Agent, stated that there were no major changes
over the prior year budget. Two packages were submitted for an
upgrade of a PC and a DBase 1V software for vendor update.
Council Member Cott suggested a study regarding the use of bar
codes at the warehouse.
Shaw continued with the Warehouse working capital budget which
included funding for a new forklift and for a roof over an outdoor
concrete storage area.
Customer Service
Harlan Jefferson, Director of Treasury operations, stated that
there would be a decrease for the Internal Audit function which was
shown as a new division for the 1993-94 budget. The proposed
budget also included dollars to reclassify a Customer Service
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supervisor to a Customer service Analyst and the upgrade of a
temporary position to full-time status with a zero net increase in
the baseline.
Treasury/Cashiering
Jefferson stated that this budget was similar from last year with
only an increase for additional phone costs.
Mayor Castleberry asked a reason for the parking meter receipts
loss of revenue.
Jefferson stated that the actual for 1991-92 increased due to
increased enforcement of fund collection.
Lu
Jefferson stated that the only change was a change in overtime. No
other changes were indicated in that budget.
Municipal Court
Jefferson stated that the budget reflected a mid-year appropriation
to add a 1/4 part-time position. The proposed budget also included
a lease for a copy machine and the addition of a new warrant clerk
with a zero net increase in baseline.
Asc-ountina and Budge Operations
Kathy DuBose, Director of Accounting and Budget Operations, stated
that the major change in the proposed budget was the funding for a
Utility Cost Analyst paid for by Utilities and an upgrade of a PC.
Council Member Miller asked about administrative transfers.
DuBose replied that in prior years both direct costs and indirect
costs were listed. This year only direct costs were reflected.
McGrane stated that the administrative transfers were costs done
every year with an outside agency assisting in determining the
costs.
Council Member Chew arrived at the meeting.
Mayor Castleberry asked if the Utility Cost Analyst was a new
position.
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DuBose replied that it was added last year and was only shifted
from the department.
Internal Audit
Ann Bingman, Internal Auditor, stated that the 1993-94 budget was
the same as last year. The proposed budget shoesed the Internal
Audit function as a separate division while prior to 1993-94, the
Internal Audit budget was included with customer Service. The
proposed budget also included money to restore telephone funding.
Information Services
Gary Collins, Director of Information Services, stated that his
budget was the same as last year with major increases for two
packages. One was for consulting services for the utility billing
system and payroll system. The second package was for a virus
diagnostic software package.
Council Member Brock asked for an explanation of the consulting
services.
Collins replied that in the past the City had paid a maintenance
contract for consulting services on the payroll and utility billing
system. That service had discontinued producing new releases and
new updates of the software so the City had since been contracting
for consulting services with former employees of the consulting
service.
Administrative Services
Mary Ramsey, Administration services Manager, stated that her
budget included a lease for a network backup system.
McGrane stated that there had been a question regarding computer
systems. The budget did show the debt service requirement which
would be paid by either the ad valorem tax portions or transfers to
help pay that one year debt service on the general obligation bonds
both current and refunded certificates of obligations and
contractual obligations. This was for the current year only.
City Manager Harrell stated that the way the planning was put
together for the certificates of obligations, they would be sold
the last half of the next fiscal year.
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Municipal services
Municipal Services/Economic Development
Linda Ratliff, Economic Development Coordinator, reviewed the
economic development projects which had occurred during the past
year. She stated that the proposed budget reflected no major
changes.
Environmental Services
Nonie Kull, Environmental Health Services manager, stated that
there were no changes in the proposed budget over last year. The
reinspection fee instituted this fiscal year would net
approximately $6,757 to date with only one complaint regarding the
reinspection fee.
Librarv
Eva Poole, Library Director, stated that the proposed budget was
impacted by County funding with a decrease over the last several
years. Based on discussions with the County Judge, it appeared
that funding would decrease again this year. A second concern was
additional staff. Instead of filling her former position of
Library Services Manager, three lesser positions in the Library
would be added.
Parks and Recreation
Rich Dlugas, Superintendent of Parks and Recreation, presented the
budget proposals for Parks Administration, Leisure services and
Parks Maintenance, In the Administration area, the proposed budget
divided the office supplies account among the Administration,
Leisure Services and Parks Departments to provide for a more
efficient management of departmental expenditures. In the Leisure
Services Department an increase was shown in office supplies due to
a restructuring of the office supplies account. Parks and
Recreation showed an increase for a full time mowing and part-time
grounds keeper for that division. Additional funds were requested
for contractual mowing at the Rails to Trails Park. Another issue
was the seller fee. According to the current City ordinance, the
city received tot of gross receipts which were received from any
admission fee, beverage or food sales which occurred on public
property. This discouraged potential renters to use city
facilities and approximately 5-6 major rentals were lost due to
that fee. A second concern of the sellers fee was that the
provision stated that the fee had to be assessed on any public
property such as Fred Moore Park. The Park and Recreation Board
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approved an $8 per hour fee for the sale of food, beverage, etc.
and would be only at certain facilities and at the two major parks.
This would allow events at smaller parks which would encourage
additional renters. A second fee issue was the non-resident and
administrative fee. These fees were used to set program fees and
currently were based on a sliding scale depending on the cost of
the class. In past years this tended to discourage non-resident
participation and often resulted in a class not meeting. Staff was
suggesting to reduce the non-resident fees to increase
participation. Area cities were surveyed and the highest area fee
was $3. Residents would be allowed to sign up first during the
week of registration before non-residents would be allowed to sign
up. The standard administration fee would be $3.50 and $7.00 for
non-residents. The Park and Recreation Board approved the fees.
Council Member Perry asked about the swimming pool water situation.
Dlugas stated that there was algae in water and the water level had
been taken down. When new water was added from the City system,
that water contained ammonia which increased the growth of the
algae. The water had now been cleared.
Council Member Perry asked for a total cost to support the athletic
programs.
Dlugas replied approximately $1600000 for athletic field
maintenance not including lighting.
Council Member Perry asked if alcohol was allowed to be sold at any
of the parks.
Dlugas replied it not was not allowed to be sold except for a co-
sponsored event by the City. Some parks allowed consumption of
alcohol in the parks or in the parking lots.
Council Member Miller asked for the amount of fees received from
the Civic center rental.
were
Dlugas
revised, e he replied the City would getmore erenters fore thelCe n ter.
Council Member Cott asked if any studies had been done regarding
the use of artificial turf on the playing fields and slower growing
grass on the non-playing fields.
Bob Tickner, Superintendent of Parke, stated that artificial turf
was used for a field with varied uses. The trend was to return to
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grasses and the upfront cost was extremely expensive for artificial
turf.
City Manager Harrell stated that he was not aware of any municipal
park facility with artificial turf.
Council Member Chew asked about staffing at the MLK Center.
Dlugas replied that he had had meetings with the MLK staff to look
at ways to fund a 1/2 time recreation leader or expand the building
attendant hours. The major concern was that if the full time
programmers were used for evening hours then they would not being
able to do programs during the day.
Council Member Perry asked how the staffing at MLK, due to the
volume, compared with standard staffing at other centers.
Dlugas replied that the staffing was the same as at other centers.
Part of the problem at MLK was the way the building was laid out
which made it difficult to supervise certain areas. There had been
one meeting with the Association regarding the general fund issue
and the $3.00 athletic participate fee to assist with maintenance
of the new parks at North Lakes.
Council Member Miller asked if there was a charge for use of the
lighted tennis courts.
Dlugas replied no but the courts hag to be rented.
Council Member Miller expressed concern for this issue due to the
potential emotional conflicts over the issue.
City Manager Harrell stated that $17,000 would be spent at North
Lakes and that the proposal was that the fee be spread out to all
users of lighted city facilities. The charge would be on a per
team fee basis. The taxpayers would be picking up $620000 worth of
maintenance fees for the additional fields. This would tie in with
a particular expense for the activity.
Council Member Chew felt that a $3.50 per child per activity seemed
expensive.
Dlugas continued with the recreation fund and provided examples of
activities funded through this account. There were no major budget
changes proposed for this division.
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Facilities Management
Bruce Hennington, Facilities Manager, stated that this budget
included proposals for funding for the operation of the Denton
Municipal Complex, restoring utility funds, increasing Center for
the Visual Arts electrical funds, a Technician 11 position, ADA
renovations and library maintenance. It also included a reduction
of funds due to Service Center debt refinancing.
City manager Harrell stated that the City paid the Greater Denton
Arts Council Laylor funds but that the City was responsible for
utility costs plus maintenance up to $6,000 and janitorial work.
Council Member Miller stated that a problem needed to be addressed
at the Library. The inner doors were very heavy doors and
wheelchair patrons were not able to open them. Currently those
doors were being kept open but would not b during the winter
months and thus a problem could develop.
Hennington replied that three options were being developed to solve
that problem. Automatic doors would cost over $7,000.
Mayor Pro Tem Smith asked if the City were in general compliance
with the ADA regulations.
Hennington stated that a City would be in compliance when it had a
plan and followed that plan. Denton was probably above compliance
according to the law.
Council Member Brock asked for a review of what the City was
currently paying for rental space.
Hennington replied the rent was approximately $90,000 per year with
a 5% increase. Notification had been made that the City would be
moving out in 9 months. That rent money would be applied to
operation and maintenance for the Denton Municipal Center.
Human Resources
Tom Klinck, Personnel Director, stated that the Human Resources
administrative budget would overall be the same as last year. The
proposed budget included funding of $28,000 for legal assistance
and $190000 for a wellness program. There would be a reduction of
$11,435 for tuition reimbursement costs and $7,200 in special
Services which would be moved to a miscellaneous fund and would be
managed separately. one of the reasons for this was that the Civil
service exams were mandated by law and needed to budgeted directly.
The tuition reimbursement funds were being separated also because
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they were benefit costs which were allowed to be set by the council
as a part of the budget process. Last year the reimbursement level
was at 80% and was proposed to be 50% this year. There were
approximately 79 participants and in order to meet the budget, the
amount of reimbursement had to be reduced. The wellness awareness
program would enhance awareness, education and communication for
wellness issues to the employees. Some of the initiatives already
in placo included a smoke-free workplace, drug-free workplace,
employee assistance program, free use of the Parks and Recreation
facilities, and a discount program at the TWU Wellness Center. A
request was for $19,000 to assist in start-up fundamental
initiatives such as a risk appraisal to obtain a base line for all
employees. The money would also provide for incentives to recognize
and promote wellness, assess/ Implement pilot exercise alternatives,
and an educational series on various issues.
City Manager Harrell stated that the Wellness Committee was an
appointed committee of City employees. That Committee had been
working on wellness programs and working with employees to increase
wellness awareness. Their recommendation was for far more than the
$19,000 proposing for the program.
Klinck stated that the committee recognized that in the long term,
wellness would have impact on insurance costs and productivity, He
continued that the proposed budget included $280000 for legal
assistance for human resource issues due to an increase in federal
and local laws which were employment related. There was a need to
revise and implement new policies. The dollars would be used for
legal expertise in the area of human resources.
Council Member Miller asked for the amount of tuition aid the City
was currently spending.
Klinck replied that $11,435 in the baseline funding had already
been spent with the summer programs left to fund.
Council Member Miller asked if there was a constant dollar amount
and if there were greater participation, then the amount of
reimbursement was lower. Was that included in the policy.
Klinck replied that the policy provided that each year the
reimbursement level would be set as a part of the budget process.
Betty McKean, Executive Director for Economic Development and
Municipal Services, stated that if the money were used by mid-year,
no one else would be reimbursed.
I
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City of Denton City Council Minutes
August lo, 1993
Page 14
Council Member Miller felt that it was an odd way to budget
something as important as to encourage employees to improve their
knowledge a?id skills. He suggested that Council look at that item
in terms of what it would cost to keep it at least at the current
level.
Klinck replied that to keep it at the same level would require
$7,750 at an 80% reimbursement level.
Council Member Chew agreed that this area should be increased
instead of being decreased.
Council Member Brock stated that last year the standards were
changed as to what would be reimbursed.
Compensation and Benefits
Klinck stated that the market analysis and adjustment philosophy of
the Council was that the City would strive to be competitive at the
50th percentile of the composite market based on actual salaries
paid within the market. With the implementation of the results of
the Mercer Study finalized in January of 1992, Council adopted a
two part compensation philosophy to assist in developing
recommendations. The City needed to remain competitive in the
labor market in order to attract new talent and retain the current
talent and make fiscally responsible and economic realistic
decisions relative to pay adjustments. Klinck reviewed the market
analysis and adjustments procedures dealing with the current
classification and compensation plan. Part of that included a
salary survey from comparable organizations that Denton drew labor
from and lost labor to. Last year there was no market adjustment
given with the market moving approximately 4-5t. This year it
appeared that the market was moving approximately 3-41 and added to
the lapse last year, the City was approxima!•:ly 8.83 behind the
market. Klinck also reviewed compensation -Ajustments and the
philosophy of Council for those adjustms,its which was to
compensate employees in direct relation to the value of the
position and their contributions to the success of the City and
their department goals and objectives. As the City continued with
the program, refinements were needed to the pay system. It was
suggested to decrease the number oe categories from four to three
levels of performance and reduce the quartiles from four to two.
The matrix would represent above and below market. It was important
to try and move higher performing and satisfactory employees to
market in four year if the employee exceeded performance and 6
years if the employee met performance. In budgeting for these
dollars it was assumed that the distribution would be 301 in the
exceeds category and 60% in the meets category.
AgendaNo_ 25?% -
Agendaltem A. Qua ~3
City of Denton City Council Minutes
August 10, 1993 D
Page 15
Council Member Miller stated that this would assume that the market
remained constant over the four year period.
Klinck replied yes. It was desired to award employees above the
market based on how the market was moving plus award all employees.
In order to do that it was recommended to move the ranges 24. It
was also recommended that there be staggered implementation for
non-civil service employees with a Police and Fire movement of 44
and a seasonal movement of 2%.
Council Member Miller asked why Civil Service was not moving 4.64
as well as other categories.
Klinck replied that a determination was how the market was moving
generally and the budgeted amount of dollars available. This was
a pay for performance as opposed to the step program for Civil
service.
Council Member Miller requested information regarding the cost for
a 4.64 increase for Civil Service employees.
I
Klinck outlined a proposed incentive plus
program which was an
immediate recognition awards program. This would provide immediate
recognition and cash awards for outstanding service. There would
be an average of $25-$250 with benefits and had budgeted for three-
quarters of the employees both civil service and non-civil service.
Council Member Miller asked if this would be a bonus or be built
into an employee's pay.
Klinck replied that it would be a cash award. Regulations required
it to be taxed. The guidelines provided for $25-250 per individual
or team member. The work would be contributed to a special project
outside normal job duties and responsibilities. It would be a
unique contribution beyond the usual and customary activities of an
individual job or work group responsibilities.
City Manager Harrell stated that the Public Utilities Hoard had
been suggesting this incentive plus program for the last several
years.
Mayor Castleberry asked if there were another method of incentive.
He felt that the money in a future check might not have a big
effect.
Klinck replied that a voucher would be used so that an employee
would receive immediate recognition.
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City of Denton City Council Minutes
August 10, 1993
Page 16
Council Member Cott asked if there would be checks or balance on
how the money was given.
Klinck replied that the department director would authorize the
amount.
Council Member Brock asked for the total dollar amount.
Klinck replied that there was $75,000 in the general fund. Each
department would have a budget which would provide for
approximately $150 for three-quarters of that department.
Council Member Miller stated that this was not in major budget
issues and felt that it should be.
Council Member Cott suggested that if Council proceeded with this
project that a 6 month review be done regarding the program.
Council Member Miller stated that these programs were good but was
not sure about adding a new program while cutting back on basic
programs.
Klinck continued with the proposed benefit enhancements which
included TMRS Senate Bill 505, prior service buy-back and Senate
Bill 593, military service credit and TMRS at 6%. Senate Bill 505
was a series of three benefits with the most important to improve
retirement eligibility. Currently the requirements were 10 years
of service at age 60, 25 years at age 50 and 28 years of service at
any age. The improved plan would required 10-24 years of service
eligible at age 60 and 24 years or more of service at any age. The
overall cost was approximately $15,000 to the general fund. Prior
service buy-back enabled an employee to buy time back for prior
municipal service. Military Service Credit allowed an employee
with 10 years of TMRS credit to purchase up to 60 months active
military service. Senate Bill 593 allowed for restricted prior
service credit for non-TMRS service anywhere in the United States
and enhanced retiree supplemental death benefits. The TMRS benefit
proposal included employees it , a benefit adjustment of 5% and a
city contribution of 7.5% for a 12.5% contribution. Fire employees
would contribute 4%, a benefit adjustment of 5% and a City
contribution of 9% for a total of 144.
Council Member Miller asked if there was a difference of opinion
between what the City was saying it was doing and the perception
the firefighters had as to what the City was doing. He felt that
needed to be clar.fied.
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City of Denton city council Minutes
August 10, 1993
Page 17 {
City Manager Harrell stated that staff was preparing a response.
One year a determination was made that in lieu of a pay increase
the City would pick up the 5% of the employee share of TMRS. That
decision was applied to non-civil service and to the firefighters.
The firefighters stated that that was not an employee contribution,
it was a "pay kicker".
Drainage
Lee Allison, Director of Water Operations and Engineering, stated
that the issues facing drainage as reflected in the proposed budget
were operational as opposed to financial. Instead of trying to add
to resources, it was proposed to maintain at target level. There
was an indicated need of $1.3 million for all projects needed in
the City. Several years ago, drainage moved from the Street
Department and now working as a maintenance group. The proposed
budget di-i eliminate one position but also added several temporary
positions in order to assist with summer work load. A goal for the
year was to develop a written operation and maintenance guild for
maintenance of the drainage ditches.
Utilities
Bob Nelson, Executive Director for Utilities, stated that the
expected revenue in 1994 was approximately $69,108,600 with
expenses at approximately $68,982,000. Important factors regarding
the budget included the increased cost of TMOA, the increased cost
of natural gas, a reduction in personnel, and a restructured
organization. The average increase for an electric customer would
be 3.2% with an average residential customer's bill increasing from
$66.21 per month to $68.13 per month. In the water area, revenues
were expected to be approximately $13,825,000 with expenses at
approximately $13,458,000. Operations were fairly stable with a
need to prepare for the 1999 $20100,000 Ray Roberts increase.
There would be a change in sales to Corinth and Laka Cities
Municipal Utility Authority to the UTRWD in 1994. The average
increase would be 4% with an average residential customer's bill
increasing $1.17 per month from $29.00 for 8,500 gallon average to
$30.37 per month. Wastewater expected revenues were projected at
with Othe0wa tewater area were increased•envFactors to ironmental bregulations,
debt service and ROI payments on a new $9 million plant, repayment
of past debt of $6 million to the Electric Department, and added
depreciation costs. It was anticipated that there would be a 13%
average increase with an average residential customer paying an
additional $2.16 per month from $16.59 to $18.75 per month.
Revenues for the sanitation fund were expected to be approximately
$5,094,600 with expenses to be approximately $5,087,000. Major
I
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a
AgendaNo g3 -v3~
ApIndaItem ~S
City of Denton city council minutes ►J~
August 10, 1993
Page 18
considerations included restructuring and an emphasis on recycling,
a change in yard waste service, a composting program, new landfil~
engineering/permitting costs. An average increase of 8% was
expected with a residential customer's bill increasing $.50 per
month to $11.15 per month. Fleet services would project a greater
focus on preventative maintenance, shop rates at 75% of private
market and a break-even operation.
Electric
Jim Harder, Director of Electric Utilities, stated that the
electric budget had been changed for the budget year 1993-94. The
electric fund would now be budgeted and reported on the Federal
Regulatory Commission's chart of accounts which was standard
reporting for the electric utility industry. Personnel was
decreasing by three individuals due to the restructuring of the
departments in the Zlectric Division. There was an increase in the
purchased power category due to the TMPA rate structure increase
and an increase in the rate charged to the City from TMPA. He
detailed rate projections for Denton electric based on the 1993
TMPA refinancing structure.
Nelson stated there was $10 million of contingency available for
the electric utility. There was a margin for any unusual years or
unusual expenditures.
Council Member Chew left the meeting.
water
Lee Allison, Director of Water Operations and Engineering, stated
that for the third year in a row operation and main~.enance expenses
had been reduced. Four major issues for the Water Department
included Lake Ray Roberts increases, growth, and regionalization in
dealing with the Upper Trinity Regional Water District. The
Construction Manager position would be eliminated with the
retirement of the individual in that position.
Council Member Brock asked what the plans were for an additional
water tower.
Nelson replied it was scheduled for the 1995 CIP. Preliminary
hydraulic studies were in process at this time.
Wastewater
Howard Martin, Director of Environmental Services/Financial
Administrator, restated the wastewater expenses and revenues. If
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City of Denton City Council Minutes J ✓~~S<O
August 10, 1993
Page 19
fixed assets were removed from the operating budget there would be
almost the same budget as the prior year. The miscellaneous
category increase represented a repayment to the Electric
Department. The fixed asset category increase was due to
replacement of collectors and interceptors across the City. He
presented a projected percentage of rate increases for the next
several years.
Community Services
Bill Angelo, Director of Community Services, stated that there were
many changes in this proposed budget which included the creation of
a recycling budget, the transfer of the litter crew to the
commercial department, and a reallocation of an administrative
transfer. New programs included a fully automated study and pilot
for residential customers, a utility technician for residential
customers, a commercial driver, a commercial supervisor, a load
inspection program at the landfill, a chlorinated fluorocarbon
program at the landfill, gas monitors at the landfill, a landfill
engineer, geotechnical services at the landfill, Vision Denton, a
contribution to beautification, and a solid waste franchise fee.
New recycling programs included a recycling coordinator, an in-
house and office paper recycling program, a separate yard
waste/composting program, cardboard recycling, plasttca recycling,
c
able swap network, waste oil collection expansion and recycling
site
waste collection the yard
Wednesday only oohe program, taken to the landfill and reduced to a mulch. That mulch would be
given to the Wastewater Treatment Plant for co-composting with
sludge. Residents would be allowed b bags per week and anything
over that would be charged $.50 per bag and would be allowed one
cubic yard of brush.
Council Member Cott stated that the City could not look at break
even with these, it needed to make a profit.
Angelo stated that recycling would not pay for itself at this
particular point in time.
Council Member Perry stated that reduction of landfill waste would
be beneficial as opposed to making a profit.
Council Member Miller stated that there was a need to be careful of
any hidden costs which might be involved.
Mayor Pro Tem Smith asked for the guidelines as to how much to
reduce the flow to the landfill.
AgendaNo
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Date ~ ~ 9"
City of Denton City Council Minutes
August 100 1993 4
Page 20
Angelo replied it was 40% but no one would be able to meet that
goal,
Mayor Pro Tem Smith asked for the percentage of reduction with
these proposals.
Angelo replied it would be approximately 15% for all of the
programs.
Mayor Castleberry felt that most of the major industries were
already recycling and selling their own products.
City Manager Harrell stated that the proposed budget recommended
discontinuing the pilot curbside recycling area.
Motor Pool and Fleet Services
Angelo indicated a major decrease in motor pool expenses, New
programs included two additional employees for Step - Up level BOM,
a truck wash facility, funding for EMIS enhancement/ replacement and
implementation of inventcry systems, part-time intern to maintain
interest allocation program and project motor pool revenues and
expenses, two part-time interne for four months to work on fleet
utilization study and mechanic training funds.
With no further business, the meeting was adjourned at 10:20 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC0013A
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Apet~A.-
##Mai
CIT
Y COUNCIL REPORT
TO: Mayor and Members of the City Council
FROMi Lloyd V. Harrell, City Manager
SUB3ECTi Request from the First Baptist Church of Krugerville for
an Exemption to the Noise Ordinance for a loudspeakers,
amplifiers and musical instruments at the North Texas
Fairgrounds on Saturday, September 11, 1993
DATES August 31, 1993
BACKGROUND:
The First Baptist Church of Krugerville is holding the Songs of
Victory Concert, a fundraiser for the church's building fund, at
the North Texas State Fairgrounds on Saturday, September 11.
Pastor Sam Redfearn has requested an exemption for the event until
11:00 P.M.
SUMMARY:
The ordinance declares loudspeakers, amplifiers, and musical
instruments a noise nuisance, particularly after the hour of 10100
p.m. (please see copy of ordinance attached). However, the
ordinance states that the City Council may make exceptions when the
public interest is served. The First Baptist Church of Krugerville
is requesting an exemption to the noise ordinance for loudspeakers,
amplifiers, and musical instruments on Saturday, September 11.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
North Texas State Fair Association, citizens and visitors attending
the Songs of Victory Concert, neighborhoods
FISCAL IMPACT.
None
Please let me know if I can provide additional information.
RESP FULLY S BMITTED,
;or
Ll y V. Harre
City Manager
Prepared byi
Cow:- .~E •.1-~
Catherine E. Tuck r
Administrative Assistant
AgpdaNa-- ZZ
AO il, i
Da
I' F
August 16, 1993
Catherine Tuck
215 B McKinney St
Denton, Tx 76201
Attn: Catherine Tuck
This letter is in regards to the Songs of Victory Concert on September It, 1993 at North
Texas State Fair Grounds. It is a gospel concert to help raise money for First Baptist
Church Knsgerville Building Fund. I need to get and extension of amplified music until
11:OOpm, If there are any question regarding this matter please contact Rev. Sam Redfearn
at Rt I Box 185B, Aubrey, Tx 76227 or call (817) 365.2595 or (817) 365.2444 and leave
message.
Sincerely,
Sam Redfearn
Pastor
c
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A@endaNo
Agendaitem )e5
Chapter 20
NUISANCESe
Art. 1. In General. it 20.1-20.30
Art. it. Abandoned Property, If 20.31-20.70
Div. 1. Generaily, it 20.31-20.40
Div. 2. 140tor Vehicles, 94 20.41-20.70
Art M. Grew and Weds. 1120.11-20.75
ARTICLE 1. IN GENERAL
Sec, 20.1. Notae.
for any person to make or cause any'tnreaaonsbly loud, dis
,a) It shall be unlawful
turbing, unnecessary noise which causes or may cause material distress, diwmfort or injury
to persons of ordinary sensibilities In the Immediate vicinity thereof.
(b) It shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration as to su'et'aibi~esnterfere with the comfortable enjoyment
of private homes by persons of ordinary
s, deemed two beo be l noise nuisances in violation of this
Icf The following acts, among others,
Code, but such enumeration
(11 The playing of any phonograph, televlslon, radio or any musical instrument in su o
manner or with such volume, particularly between the hours oil U oPm- and rdinary sen•
a.m., as to annoy or disturb the quiet, comfort
or raid aof
sibilitiee in any dwelling, hotel or other type
Weratmusical instrument
ibo suuch manner
Z1 The up of any stationary too aanaY o nnoy or,&turb persons of oedinarlr N~In
or with such volume see t ch in the
immediate + vlcWbr , P4rdcululy betweea the hours of 10:00 p.m. and 7:00
eat at any
a.m., or the operation of such loudspeaker, ampliAer or musical {estrum
bons upon
time on Sunday; provldsd, however, that the city eo W MY male aaoop
*WW&tion wben the public interest will be served tberft
stationary boiler or the blowing of
of t31 The other ng o aa1' steam whittle attached to whistle any
within the dty Write, eacept to Sive
any other loud or hr•raehing steam
~ elms to be~.i or stop work or as a weft of danger,
noels of the work on anY b lruildin g at arty
(4) The erection, nova" demolition, alteration or repair m , Y Monday through
time other than between the hours of 7:00 a.m. sad 6:30 p
*Cross refennew-ProuctW migratory bird roosts deelard nuturwe. 6 647; inspection
and abatement warrants, 4 19.64 K ee4.1 insect and rodent control in mobile home and rea
national vehicle puts, 132.01.
1369
9us}. Ne, 1
AgendaNo_ -"Q''3
DENT0~1 CODE AOendalle
k aa1 Dale l 3
Saturday; provided, however, that the city council may issue special permits for such
work at other hours in cane of urgent necessity and in the interest of public safety and
convenience;
51 The creation of any loud and excessive noise in connection with the loading or un-
loading of any vehicle or the opening or destruction of bales, boxes, crates or con•
tainers;
61 The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation or noises to any performance, show, theatre,
motion picture house, sale of merchandise or display which causes crowds or people
block or congregate upon the sidewalks or streets near or adjacent thereto.
Code 1966, If 1420, 14211
Cross reference-Animal noise, 4 6.26.
Sec. 20-2, Odors.
'a1 it shall be unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities in the immediate vicinity thereof,
,b1 It shall be unlawful for any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substantially interfere with the comfortable t
enjoyment of privets homes by persons of ordinary sensibilities.
'cl The following acts or conditions, among others, are declared to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed to be exclusive;
11) Offensive odors from cow lots, hog pens, fowl coops and other similar places where
animals are kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities;
21 Offensive odors from privies and other similar places;
(3) Offensive odors from the use or posaeaion of chemicals or from industrial processes or
activities which disturb the comfort and repose of persons of ordinary sensibilities;
141 Offensive odors ftom smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances-,
11 Offensive odors from stagnant pools allowed to remain on any prsmlses or from
rotting garbage, refuse, offal or dead animals on any premises.
Code 1968, if 14.94, 14.28}
Set. 20.8. Garbage, tremb and rubbish ouuaaees-(lerssraly,
tag Staring or heepirsl jarbap, trash and rubbish. The storing or keeping of any and all
stacks, heaps or piles of old lumber, refuse, Junk, old cars or machinery or parts thereof,
garbage, trub, rubbish, scrap material, miins, demolished or partly demolished structures or
buildings, piles of stones, bricks or broken rocks on any premises bordering any public street
Sups No 1 1390
L
Wa 2
Date
CITY COUNCIL REPORT i .G oTO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: August 31, 1993
SUBJECTi Temporary Street Closing Request for the University of
North Texas during Saturday home football games
REC0MMENDATIONI
To temporarily close approximately 20 feet of Avenue E, to allow
pedestrians safe access from Advancement Center to Fouts Field
during Saturday home football games at UNT.
SUMMARY:
Jim Hobdy, representing the UNT Athletic Department, has requested
that a 20 foot portion of Avenue E be closed to through traffic at
the following times. UNT plans to have pre-game activities on
Saturday home games to encourage more fans to attend.
DATE TIME
September 18, 1993 4:30 - 7s30 p.m.
September 25, 1993 4:30 - 7130 p.m.
October 9, 1993 1:00 - 4:00 p.m.
October 23, 1993 11:30 a.m. - 2130 p.m.
November 6, 1993 11130 a.m. - 2130 p.m.
November 13, 1993 11:30 a.m. - 2130 p.m.
Mr. Hobdy's letter reflects shorter times than the resolution for
the closure but he has requested that the additional time be
allowed for not up and take down of the barricades.
The UNT Police Department will set out, man, and remove the
barricades. The only property owner affected by this closure is
the University of North Texas. Both the Police Chief and Fire
Chief have been advised of this event and have no safety concerns
with this temporary street closure.
agerdaNo
Agondalte
1ho
Rate
Please advise if i can provide additional information. 'A I
RESPECTFULLY SUBMITTED,
f GL C/'
to d Harrell
City Manager
Prepared byt
Catherine E. Tuck
Administrative Assistant
i
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E~\YV90tf\0.Ef\0.VF.E AgendaNo-
ADeodalte s
Date
j
RESOLUTION NO.
A RESOLUTION TEMPORARILY CLOSING A 20 FOOT PORTION OF AVENUE E FROM
A POINT 100 FEET NORTH OF EAGLE DRIVE TO A POINT 120 FEET NORTH OF
EAGLE DRIVE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Jim Hobdy, representing the University of North Texas
Athletic Department, is requesting that Avenue E, from a point 100
feet north of Eagle Drive to a point 120 feet north of Eagle Drive,
a public street within the corporate limits of the City of Denton,
Texas, be temporarily closed to public vehicular traffic for the
purpose of having safe pedestrian access from the Advancement
Center to Fouts Field on the following date3:
September 18, 1993, from 4:30 to 7:30 p.m.
September 25, 1993, from 4:30 to 7:30 p.m.
October 9, 1993, from 1:00 to 4:00 p.m.
October 23, 1993, from 11:30 to 2:30 p.m.
November 6, 1993, from 11:30 to 2:30 p.m.
November 13, 1993, from 11:30 to 2:30 p.m.
WHEREAS, Jim Hobdy, representing the University of North Texas
Athletic Department has assured the City that the University of
North Texas, the only property owner, has agreed to the temporary
closing of this road; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That Avenue E, from a point 100 feet north of
Eagle Drive to a point 110 feet north of Eagle Drive, a public
street within the corporate limits of the City of Denton, Texas, be
temporarily closed to public vehicular traffic for the purpose of
having safe pedestrian access from the Advancement Center to Fouts
Field on the following dates:
September 180 1993, from 4:30 to 7:30 p.m.
September 25, 19930 from 4:30 to 7:30 p.m.
October 9, 1993, from 1:00 to 4:00 p.m.
October 23, 1993, from 11:30 to 2:30 p.m.
November 6, 1993, from 31:30 to 2:30 p.m.
November 13, 1993, from 11:30 to 2:30 p.m.
SECTION II. That the University of North Texas Police Depart-
ment shall erect barricades on Avenue E on such dates and removed
at the times specified herein.
aECT10N IIi._ That this resolution shall become effective im-
mediately upon its passage and approval.
I u
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P
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: { ' W
PAGE 2
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5
gge~daNa
AgeneaIfe 5.B
REQUEST FOR 9TREE1+ CLO",e-
Organization Requesting Street Closures_~~~VPXS► C~ N6r ~C 7
fG ledi'c I) ,4 eAttt 1' ekAocew C.fW .
Contact Person: ~J Ilu 4o6d
Address: Ztoy ealo%e '
Phone Numbers (81-7 387- 8235 ~.o>++t (8,7)5'65.20f*8 WolIL.
Street To Be Closed: VQ,
Date and Time To Be Closeds~_E CtT"TGf
Intersecting Streetss_140KC
Reason For closure : Wofte O~p,~s'~ytiA►1S W6IX,.k 4.6
Please complete the lower portion of this form. ALL property owners and/or
tenants affected by the street closure MUST be contact-0 and must sign below with
an indication of being in favor or in opposition to the street closure.
Name of Property Owner/ Address Authorised
Tenant of Property Signature ■avor/
Ovtwse
I.
- dim~J~lSi oWv15 a(I 14%44
%44 :luD~s~F►.el
2.
a.
4.
5.
6.
7.
8.
9.
10.
AMMOOOFC
t
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. -n. , ~lc, , ~9~ 7
University of North Texas n
Intercnllcgiate Athleiics
We are having a pregame party on the Advancement Center lawn prior to
each home football game this fall. The party is located under a tent to be
located at curbside of the Advancement Center lawn. We would like to protect
the pregame fans by creating a barracaded area approximately 20 feet wide as a
cross over from the Advancement lawn into the football stadium parking lot. This
would allow the fans to preparty and walk across the street unimpeded by traffic.
This has the approval of UNT Police Chief Eric Jackson. The schedule is as
follows:
Sept. 18 4:30pm until lpm
Sept. 25 4:30pm until lpm
October 9 2:00pm until 3:30pm
October 23 12:30pm until 2pm
Nov. 6 12:30pm until 2pm
Nov. 13 12:30pm until 2pm
Thank you for considering this request.
PU.BoN P17 e [A•mwm,Tcsas761o3-6917
817/963.2662 s I DD 8( 00;3-2969
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ORDINANCE NO.
AN ORDINANCE ACCEPTING A COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
petitive bids for the purchase of necessary materials, equipment,
supplies or services in accordance with the procedures of state law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the ma-
terials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached hereto, are hereby accepted and approved
as being the best responsible bids for such items:
BID ITEM
NUMBER NO. VENDOR AMOUNT
1529 ALL BROOKS PRODUCTS $36,335.00
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards, quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
AgendaNo._Q,3~
Dote 3
SECTION 171. That should the City and persons submitting ap-
proved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions, spec-
ifications, standards, quantities and specified sums contained in
the Bid Proposal and related documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted bids, the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this day of , 1993.
sill
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
I
i
I
I
AgendaNo
Agendaliam_ ~ ~A
METE AUGLISgT-31, 1903
CITY COUNCIL REPORT J
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1529 - PRECAST MANHOLES
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Brooks
Products in the amount of $2,795.00 each for a total of $36,335.00 for thirteen (13)
units.
SUMMARY: This bid is for the purchase of thirteen (13) pieces of 7'x7'x7' precast
concrete manhole vaults with ladder, neck, ring and cover. The units will be
utilized by the Electric Distribution Department in the conversion of Teasley Lane
from overhead to underground electric service and also in the new construction to
serve EPIC Hospital and Pockrus Substation.
BACKGROUND: Tabulation Sheet.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Teasley Lane Project, EPIC
Hospital Development and The Electric Distribution Division.
FISCAL IMPACT: Funds for the purchase of this material will come from 1992-93
budget funds. Account #610-080-0252-9220 Underground Conversion.
4sp ly sub ed:
a11
y anager
Approved by.,
r
lzz~
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
BID NAME PRECASE MANHOLES BROOKS DALWORTH
PRODUCTS
PEN DATE AUGUST 17, 1993
UANfii -M-Chllifii-ON VEN00 Nb0FV-- --VENDOR VEI~D~ -VEN00
1. 13 MANHOLES WITH NECK, $2,795 EA $2,809 EA
RING, COVER & LADDER
ADDENDA YES YES
DELIVERY 21 DAYS 10 DAYS
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the city council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: SELECTION OF FIRM TO CALCULATE ARBITRAGE LIABILITY
RECOMMENDATION:
Staff recommends accepting First Southwest Company's proposal for
arbitrage calculation.
SUMMARY:
We recently received two proposals in response to our Request for
Proposal to calculate our arbitrage liability. in accordance with
our current guidelines for selecting professional services, I have
determined that First Southwest presented the most qualified of the
two proposals we received (i.e., First Southwest Company, Inc., and
Deloitte 6 Touche). Therefore, we met with representatives from
First Southwest to discuss their proposal and negotiate a few
outstanding issues. We reached our conclusion that they had the
most qualified proposal based on the following information:
• First Southwest Company authored the Government Finance Officers
Association publication "Guide to Arbitrage Requirements for
Governmental Bond Issues," which demonstrates their knowledge of
arbitrage compliance.
• First Southwest Company's extensive knowledge of the arbitrage
regulations allow them to recommend certain elections and
transitional rules which result in substantial savings in rebate
liabilities for their clients.
• First Southwest Company is the only firm provid.ng rebate
calculation services in the nation to have testified at all
three Internal Revenue Service Hearings. They successfully
recommended changes to the arbitrage rebate regulations.
• First Southwest Company has an extensive amount of experience
calculating arbitrage liability for reserve funds.
Agenda No.
Agendaltem 5 ¢
Date ~ ~
Council Report Format/Arbitrage
BACKGROUND:
Since the two firms proposed different approaches for charging
clients for their services, we prepared the attachment. The table
utilizes the firm's proposed rates to compare what we would have
paid each of them to calculate our liability for the last fiscal
year. The cost for the maximum full service option is similar
(i.e., $23,000 for First Southwest and $22,800 for Deloitte &
Touche). The minimum service options differ by $3,500 (i.e.,
$17,000 for First Southwest and $13,500 for Deloitte & Touche). We
ise
still recommend selecting First Southwest because
the RS expertise
should prevent us from having to pay penalties penalties could be in excess of hundreds of thousands of dollars
and include loss of our tax exemption status. I believe the extra
protection that comes having the most qualified firm calculate our worth
500
annuall proposarbitraagewillliabreduility ethe curr nit burden on your. pstaffonally, their
PROGRAMS DEPARTMENTS, OR GROUPS AFFECTED:
All the departments of the City of Denton that issu-: long term debt
will be affected by this proposal.
FISCAL IMPACT:
We anticipate spending approximately $17,000 to have our arbitrage
liability calculated for the upcoming year. Each bond issue will
be charged an appropriate share of the total cost.
RESPE UL'LfY SUB ITTED:
v'
o d Harrell
City Manager
Pred
arlan L. son
Director Treasury Operations
Approved:
John F. McGrane
Executive Director of Finance
HJiaf
Attachments
AFF0070D
I
3
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FIRST SOUTHWEST VS. DELOWIM & TOUCIIE COST COMPARISON
(Based on 1991-92 Arbitrage Fees and Proposed Fees)
FIRST SW FIRST SW FIRST SW FIRST SW FIRST SW DELOITTE DELOITTE
DATE ANNUAL ELEC MINIMUM MAXIMUM MINIMUM MAXIMUM MINIMUM
BOND AMOUNT RECEIVED FEE IRAN RED IRAN RED FEE * FEE * 1'EE FEE
C087 500,000,00 22-5an-87 2,000 (500) _4500) 1,500 1,000 _ 1,800 1,000
6O67 3,500,000.00 26-MnY-87 2,000 500) 2,000, 1,500 1,800 1,000
REV87 17,485,000.00 24-Feb-87 2,000 500) 2,000 1,500 2,000 1,250
G088 3,600,000,00 08-Mar-68 2,000 (500) _2,000 1,500 3,600 2,000
REV88 3.500,000.00 06-Sep-88 2,000 (500) 2,000 1,500 2,000 1,250_
C089A 1,550,00000 29-Nov-89 2,000 500) (506) 1,500 1,000 1,800 1,000
C089 1,155,000.00 29-Nov-89 0 0 0 100 5_00
G089 3,615,000.00 21-Feb-89 _ 2,000 (500) 2,000 1,560 _9W 500
REV89 20,000,00000 29-Nov-89 2,000 _500 - - 2,000 1,500 2,000 1,250
0091 590,000.00 09-Apr-91 2,000 (500) 2,00011,5W _ 2,000 1,250
C092 1,325,000.00 07-Apr-92 2000 500 2,000 _ 1,500 1,000 _ 1625
G092 2,630,00000 07-Apr-92 2000 4500) - 2,000 _ 1.500 1,000 _50,00000 07-Apr-92 _ 2,
REV92
4000(500) _-2,000 1,500 2,000 TOTAL 24 000 {8 000 1000 23,000 17,000 22.800 13.500
* First Southwest gives a fee reduction for annual calculations which involve ten (10) or fewer investment transactions m
per Issue. Additionally, there Is a reduction if data can be provided to First Southwest through electronic transfer, m
CML
P3 z
When CO and GO bond issues are: 1) Payable from a common source; 2) Delivered within thirty (30) days; a
and 3) Have a common plan of financing; they are combined for arbitrage rebate purposes.
Thus the fee charged for C089 and G089 and C092 and G092 are divided accordingly for Deloitte & Touche in
the chart above. First Southwest treats the Issues as separate Issues because they aro In separate funds and will be
be entered as separaate bond Issues. 0089 has been expended thus there is no calculations, ~k 1
J9\WPD0CS\0RD\S0UTHnST.0RD AGeadaMO_ V _04V_ AGeadafte ms's ~
DaIla 3
tf ~g/
ORDINANCE NO. Q
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FIRST SOUTHWEST COMPANY FOR PROFESSIONAL SERVICES IN ACCOR-
DANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH SERVICES FROM
REQUIREMENTS OF COMPETITJVE BIDS; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute a
professional services contract between the City of Denton and First
Southwest Company relating to arbitrage rebate services, under the
terms and conditions of the contract attached hereto and made a
part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
contract.
SECTION III, That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of ,
1993.
BOB CASTLEBERRY# MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
t'.
AgendaNo - 30?
Agendallem S ~
N1 e-r--
DRAFT 08/11/93
PROPOSAL AND AGREEMENT
FOR
ARBITRAGE REBATE COMPLIANCE SERVICES
BY AND BETWEEN
CITY OF DENTON, TEXAS
(Hereinafter Referred to as the "Issuer")
AND
FIRST SOUTHWEST COMPANY
It is understood and agreed that the Issuer, in connection with the sale and delivery of
certain obligations as listed in Appendix A attached hereto (the "Obligations"), will have the
need to determine to what extent, if any, it will be required to rebate investment earnings of the
proceeds of the Obligations to the United States of America (hereinafter referred to as
"Rebatable Arbitrage") pursuant to the provisions of Section 148(f)(2) of the Internal Revenue
Code of 1986 (the "Code"). We have been requested to provide professional services to the
Issuer as such services may be necessary to effect this determination and we are pleased to
submit the following proposal for consideration. This proposal, if accepted by the Issuer, shall
become the agreement (the "Agreement") between the Issuer and First Southwest Company
effective at the date of its acceptance as provided for herein below.
1. This Agreement shall apply to the Obligations described in Appendix A
attached hereto during the pecriod in which this Agreement shall be effective.
Provisions of First Southwest Company
2. We agree to provide our professional services and our facilities in the
creation and maintenance of records useful to or necessary in the determination of
Rebatable Arbitrage with regard to the Obligations. The Issuer will assume and pay the
fee of First Southwest Company as such fee is set out in Appendix A attached hereto.
First Southwest Company shall not be resprnsible for any extraordinary expenses
incurred in connection with providing such professional services, including any costs
incident to litigation, mandamus action, test case or other simile legal actions; unless
First Southwest Company is a party to such litigation and a claim is asserted against First
Southwest Company for work performed under this Agreement.
3. We agree to perform the following duties in connection with providing
arbitrage investment rebate services:
1
aQA1da NO _
ADWailem r 7
Date
2~ L
a. To cooperate fully with the Issuer in reviewing the schedule of
investments made by the Issuer with (i) proceeds from the Obligations, and (ii)
proceeds of other funds of the Issuer which, under Regulations Section 1.148 or
Temporary Regulations Section 1.103-15AT(b)(6) or any successor regulations
thereto, are subject to the rebate requirements of the Code;
b. To perform, or cause to be performed, calculations no less
frequently than twice a year, consistent with the Code and the regulations
promulgated thereunder, regarding the amounts of Rebatable Arbitrage from the
investment of funds subject to the requirements of Section 148(0(2) of the Code;
C. To assist the Issuer in preparing schedules, records or other
information necessary to enable First Southwest Company to perform the rebate
calculations as set forth in this Agreement;
d. To provide a report to the Issuer specifying the amount of
Rebatable Arbitrage based upon the investment schedule, the calculations of bond
yield and investment yield, and other information deemed relevant by First
Southwest Company.
Provisions of Issuer
4. In connection with the performance of the aforesaid duties, the Issuer
agrees to the following'.
a. That First Southwest Company will be compensated for the
performance of services with respect to calculating and advising the Issuer of the
amount of Rebatable Arbitrage in accordance with the schedule set forth in
Appendix A attached hereto.
b. That the Issuer will provide First Southwest Company, and First
Southwest Company shall be entitled to rely upon, all information regarding the
issuance of the Obligations and the investment of the proceeds therefrom, and any
other information necessary in connection with calculating the amount of
Rebatable Arbitrage. In particular, the Issuer shall furnish to First Southwest
Company the information set forth in Appendix B attached hereto.
C. That the Issue- will inform First Southwest Company of the
retirement, prior to the scheduled maturity, of any Obligations included under the
scope of this Agreement within 30 days of such retirement. This notification is
required to provide sufficient time to comply with Section 1.148-1(b)(3)(ii) of the
arbitrage regulations which requires final payment of any Rebatable Arbitrage
within 60 days of the final retirement of the Obligations.
2
I
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S. In providing the services set forth in this Agreement, it is agreed that First
Southwest Company shall not incer any liability for any error of judgment made in good
faith by a responsible officer or officers thereof, unless it shall be proved that such error
of judgment was a result of the gross negligence or willful misconduct of said officer or
officers. First Southwest Company shall only be liable for penalty and interest resulting
from such error of judgment,
b. The fee and expenses due to First Southwest Company in providing
arbitrage investment rebate services shall be calculated in accordance with Appendix A
attached hereto. The fees will be payable annually upon delivery of the report prepared
by First Southwest Company for each Obligation during the term of the Agreement
unless terminated earlier.
Obligations Issued Subsequent to Initial Contract
7. The services contracted for under this Agreement will automatically extend
to any additional financing obligations (including financing lease obligations) issued
during the stated term of this Agreement, if such obligations are subject to the rebate
requirements under Section 148(f)(2) of the Code. In connection with extending the
scope of this Agreement to additional financing obligations, the Issuer agrees to the
following;
a. The Issuer will notify First Southwest Company of any financing
obligations (including financing lease obligations) issued by the Issuer during any
calendar year of this Agreement, and will provide First Southwest Company with
such information regarding such other obligations as First Southwest Company
deems ne;essary in connection with its performance of the arbitrage rebate
services contracted for hereunder.
b. At the option of the Issuer, any additional financing obligations
issued subsequent to the execution of this Agreement may be excluded from the
services provided for herein. The Issuer must notify First Southwest Company
in writing of their intent to exclude any specific financing obligations from the
scope of this Agreement.
Election to Pay Penalty In Ueu of Rebate
S. The services contracted for under this Agreement will automatically extend
to any additional financing obligations issued during the stated term of this Agreement,
if an election was made (prior to delivery of the Obligations) to pay penalty In lieu of
rebate for a qualified construction bond issue under Section 148(f)(2) of the Code. In
connection with extending the scope of this Agreement to include computations of
penalty, the Issuer agrees to the following;
3
ABaedatra y3 0307
A~cndaltatrL _
a. The Issuer will notify First Southwest Company of any financing
obligations issued by the Issuer during any calendar year of this Agreement for
which a penalty election was made. The Issuer will provide First Southwest
Company with such information regarding the investment and expenditure of such
obligations as First Southwest Company deems necessary in connection with its
performance of the penalty calculation services contracted for hereunder.
b. At the option of the Issuer, any additional financing obligations
issued subsequent to the execution of this Agreement may be excluded from the
services provided for herein. The Issuer must notify First Southwest Company
in writing of their intent to exclude any specific financing obligations from the
scope of this Agreement.
Effective Dates or Agreement
4. This Agreement shall become effective at the date of acceptance by the
Issuer as set out herein below and remain in effect thereafter, provided, however, that
this Agreement may be terminated with or without cause by the Issuer or First Southwest
Company upon thirty (30) days' written notice. In the event of such termination, it is
understood and agreed that only the amounts due to First Southwest Company for
services provided and expenses incurred to and including the date of termination will be
due and payable. No penalty will be assessed for termination of this Agreement. In the
event this Agreement is terminated prior to its stated term, all records provided to First
Southwest Company with respect to the investment of monies by the Issuer shall be
returned to the Issuer as soon as practicable. In addition, the parties hereto agree that
upon termination of this Agreement First Southwest Company shall have no continuing
obligation to the Issuer regarding any service contemplated herein,
4
F
AgendaNo ~
Agcndallem
ogle X
Acceptance of Agreement
10. This Agreement is submitted in duplicate originals. When accepted by the
Issuer, it, together with Appendices A and 8 attached hereto, will constitute the entire
Agreement between the Issuer and First Southwest Company for the purposes and the
consideration herein specified.
Acceptance will be indicated on both copies and the retum of one executed cony to First
Southwesr Comoanv.
Respectfully submitted,
FIRST SOUTHWEST COMPANY
$ye°iyn ee 1°
Authorized Representative
Date 8 - 6 t -a 3
i
s
x
Agenda No
A~entla~fe Z9 A
PLEASE CIIOOSE AND EXECUTE THE APPROPRIATE OPTION
ACCEPTANCE CLAUS15
Acceplance Not Requiring Board Approval:
The above and foregoing is hereby in all things accepted and approved by the
on this the day of
(Issuer's Name)
,19
By
Authorized Representative
Title
Acceptance Requiring Board Approval:
The above and foregoing is hereby in all things accepted and approved by the
, on .his the day of
(Issuer's Name)
19 , pursuant to the provisions of Resolution No. , passed and
approved by the Members of the on ,
j 19
By
Secretary
6
A~cnda torr~_ 00,
.2-~ _
APPENDIX
FEES
The Obligations to be initially covered under this contract are:
Closing Maximum
Date Description Annual Fee
01C.2187 $500,000 Certificates of Obligation, Series 1987 $2,000
02/24/87 $17,485,000 Utility System Refunding, Series 1987 $2,000
05/26/87 $3,500,000 General Obligation, Series 1987 $2,000
03108188 $3,600,000 General Obligation, Series 1988 $2,000
09/06/88 $3,500,000 Utility System Revenue, Series 1988 $2,000
02121189 $3,615,000 General Obligation, Series 1989 $2,000
11/29/89 $20,000,000 Utility System Revenue, Series 1989 $2,000
11/29/89 $1,550,000 Certificates of Obligation, Series 1989A $2,000
04107/92 $1,325,000 Certificates of Obligation, Series 1992 $2,000
04/07/92 $2,630,000 General Obligation, Series 1992 $2,000
04107/92 $4,500,000 Utility System Revenue, Series 1992 $2,000
02/23193 $1,450,000 Certificates of Obligation, Series 1993 $2,000
04/20/93 $2,975,000 General Obligation, Series 1993 $2,000
04120/93 $6,575,000 Utility System Revenue, Series 1993 $2,000
As funds are expended and the time required to complete the annual computations decreases,
First Southwest Company agrees to adjust the annual fee as follows:
7
Age^daNo_._
A vdaIter "S_!~10___.
/Y
F.lectronlc Minimum
Data Transfer Transactions
Description Annual Fee Reduction Reduction (1)
Construction and Reserve Fund $2,000 ($500) ($500)
Construction Fund only $2,000 ($500) ($500)
Reserve Fund only $1,000 ($250) $0
All Funds spent - reports issued $250 50 $0
All Funds spent - no reports issued $0 $0 $0
(1) Fee reduction for annual calculations which involve ten (10) or fewer investment
transactions per issue,
The fees for the above-captioned Obligations will only be payable if a computation is required
under Section 148(f)(2) of the Internal Revenue Code of 1936, as amended. In the event that
any of the above-captioned Obligations, or any other Obligations added subsequent to the date
of this Agreement, comply with an exclusion to the computation requirement as defined by
Section 148 of the Internal Revenua Code or related regulations, the specified fee will be waived
by First Southwest Company.
For example, certain obligations are excluded from the rebate computation requirement if the
proceeds are spent within specific time periods. In the event one of the above-captioned
Obligations fulfill the exclusion tcquirements of the Internal Revenue Code or related
regulations, the specified foe will be waived by First Southwest Company.
The fee for Arbitrage Rebate Compliance Services of any additional obligations to be added to
this contract shall be:
$2,000 for each issue of General Obligation or Revenue bonds, regardless of issue size;
$2,500 for each issue of Variable/Floating Rate bonds, regardless of issue size.
The above fees are payable annually upon delivery of the report prepared by First
Southwest Company, commencing one year after the date of delivery of the Obligations and on
each computation date thereafter during the term of the Agreement, unless terminated earlier,
The fees for computations of Rebatable Arbitrage which encompass more, or less, than one full
year of investment data performed during the same computation period shall be prorated to
reflect the longer, or shorter, period of work performed during that period.
The fee for Arbitrage Penalty Calculation Services contracted for under this Agreement shall be:
$1,000 semiannually for each issue of bonds, regardless of the type of issue.
8
Ageroa No
Ageaa;aEte _
[ate
APPENDIX B T
INFORMATION REQUIRED TO PERFORM
REBATE COMPUTATIONS
The following information must be provided for each bond issue requiring an arbitrage rebate
calculation. Most of this information can be accumulated at the time the bonds are issued and
sent to First Southwest Company as part of the delivery of the bonds. We recommend that
information related to investment activity be forwarded on a periodic basis. This will allow First
Southwest Company to enter and review the investment detail in advance of the computation date
required under federal law. In this manner, the time required to complete the computation and
issue the related report can be reduced.
For each bond issue, please obtain the following information to be sent to First Southwest
Company;
Copy of Official Statement for the issue. If no Official Statement is prepared on the issue,
a copy of the bond resolution, indenture, ordinance or similar official transcript describing the
issue will be needed.
Copy of Winning Bid Form and [Underwriter's Certificate as to Yields. This Information
is only required when the bond issue was sold on a competitive basis. If the sale was
negotiated, the Final Official Statement normally provides the information required to properly
compute the arbitrage yield. If the issue was sold competitively, the winning bid form and
underwriter's certificate are needed to obtain information regarding the interest rates and initial
offering yields to the public.
Copy of Form 8038 (Informational Tax Form). This form is normally prepared by bond
counsel as part of the closing documents. A copy of this form must accompany any rebate
payments filed with the Internal Revenue Service.
Description of Funds created for the bond issue. To ensure that we have properly addressed
the distribution of ali funds and the related arbitrage requirements, it is useful for us to obtain
a description of the various funds created by the bond issue. In the official documents
supporting the issuance of the bonds (e.g., Official Statement), there is normally a narrative
section o!nlining the funds for which bond proceeds and other monies may be deposited.
Copy of "No-Arbitrage Certificate." This certificate, although frequently called by another
name, describes the federal tax law requirements the Issuer must follow to comply with various
arbitrage laws. This document permits us to evaluate the specific tax compliance requirements
established by Bond Counsel at the time the bonds were issued.
9
A@ardaFl9.
Agerdalletn /C.s
(}ule
Investment transaction Information. The computation of the rebate amount for exces'l/z/
investment earnings requires very detailed investment records. in order for us to compute the
rebate amount, it is necessary that you forward investment information which includes the
following data:
• Source of funds for purchasing the investment (e.g. Construction Fund, Reserve
Fund, Debt Service Fund),
• Description of security purchased,
• Date Purchased,
• Maturity date,
• Maturity value of security (par valuelrace value),
• Purchase price of security showing ¢Qih the cost of principal as well as any
accrued interest paid,
• Coupon rate (Interest rate) and frequency of interest receipts,
• Yield to maturity (required for discount securities),
• Sale date, if sold prior to maturity,
• Sales price or h4lh principal and interest, if sold prior to maturity.
The best documentation available for the information listed above are copies of the actual trade
confirmations provided when the security is purchased or sold. The trade confirmation should
contain all of the information we will require and should be the only documentation you would
have to provide us. If trade confirmations are not available, or are too cumbersome to
accumulate, your internal investment records would be sufficient for our purposes as long as the
information described above can be obtained from your records.
Sank Statements for Interest-Bearing Checking Account. In many situations, an
interest bearing checking account is used to hold maturing investments and miscellaneous fund
balances until the proceeds are either reinvested or used on a specific project. The rebate
computation requires that all funds related to a bond issue be tracked. It will be necessary
therefore, for us to obtain the monthly bank statements related to any interest-bearing checking
account in which bond proceeds or related funds were deposited.
If you have questions as to what would be the best source of information in your situation,
please do not hesitate to contact us.
10
DATE: August 26, 1993 4 3-_v3 na
CITY COUNCIL AGENDA ITEM -ts~7G
^nob I
TO. Mayor and Members of the City Council L / AV 9A
FROM: Lloyd V. Harrell, City Manager
SUBJECT ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE, ON BEHALF OF THE CITY OF DENTON, AN INTERLOCAL
AGREEMENT WITH THE TEXAS WATER COMMISSION FOR THE ACCEPTANCE
OF GRANT FUNDS TO BE UTILIZED TO IMPLEMENT A USED-OIL RECY-
CLING PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE.
RECOMMENDATION:
Staff recommends approval.
SUMMARY/BACKGROUND:
Earlier this summer, the City Council authorized the staff to
submit a grant request to the Texas Water Commission (TWC) for
funds to expand the City's used oil collection program. The TWC
has offered the City a grant for such purposes in the amount of
$20,070. the
and execute an agreement with the TWC relative to acceptance
and use of the grant funds. The grant obligates the City to
which provide should t not proper exceed disposal 1 during any the contaminated
next n fiscal i year.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Solid waste Division, Citizens of Denton.
FISCAL IMPACT:
Contingency of $6,000.
Respec ully submi ted,
i
Lloy V. Harrell
City Manager
Prepare
Bill Angelo
Director of Commu ity Services
Appro dYJ:/J
it, E. Nelson
Executive Director of Utilities
A7793C
E:\WPW$\RES\USED.01L Agenda No.-1
Apcidaafern C5 /C -
rote
C~~XIAA
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY ?TANAGER TO EXECUTE, ON BEHALF OF
THE CITY OF DENTON, AN INTERLOCAL AGREEMENT WITH THE TEXAS WATER
COMMISSION FOR THE ACCEPTANCE OF GRANT FUNDS TO BE UTILIZED TO
IMPLEMENT A USED-OIL RECYCLING PROGRAM; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Denton submitted a proposal to the Texas
Water Commission to receive grant funds in order to establish a
used-oil recycling program; and
WHEREAS, the City of Denton has been selected by the Texas
Water Commission to receive said grant funds; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute on behalf of the City of Denton, Texas, an interlocal
agreement with the Texas Water Commission to receive grant funds
for the implementation of a used-oil recycling program, a copy of
which is attached hereto.
SECTION II. That the City council authorizes the expenditure
of funds in accordance with the terms of the Agreement.
SECTION III. That this ordinance shall take effect immediately
from and after its passage.
PASSED AND APPROVED this the _ day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
BY:
APPROVED AS TO LEGAL FORM:
RA A. DRAYOVITCH, CITY ATTORNEY
DEB1 i
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AgendaNo_~'~ -
Aaendaltein -~S
Contract
Number 3100600136
THE STATE OF TEXAS
COUNTY OF TRAVIS
INTBRLOCAL CONTRACT
THIS INTERLOCAL (INTERGOVERNMENTAL) CONTRACT ("Contract*) is
entered into by and between the Governmental Entities shown below
as "Contracting Parties", pursuant to the authority granted by, and
in compliance with, the provisions of the "Interlocal Cooperation
Act," TEXAS GGVERNMENT CODE, Chapter 741.
1. CONTRACTING PARTIESs
The Funding Agency: Texas Water Commission (TWC)
The Performing Party: City of Winton
II. SERVICES TO BE PERFORNEDs
See "Attachment A - Scope of Services"
III. S' MULE FOR ACTIVITIES OR SERVICESi
See "Attachment B - Schedule of Deliverables"
IV. BASIS FOR CALCULATING REIMURSABLE COSTSs
See "Attachment C - Eligible Reimbursable Costs and
Payment Procedures"
V. CONTRACT AIMOUNTs
The total cost of services to be performed in connection
with this Contract ie: Twenty. thousand and seventy
dollars S20,070,00.
VI. ADDITIONAL CONTRACT PT.OVISIONSs
Sea "Attachment D - Additional Contract Provisions"
VIZ. ATTACEICITS It
AgenJallo
Agvlallam~~S'~
NIB:: v
Attachments "A - D" are attached to this Contract an-i are
hereby incorporated herein and made a part of this
Contract for all purposes.
VIII. TERM OF CONTRACTS
This Contract begins August 1, 1993, and terminates
October 31, 1993.
The TEXAS WATER COMMISSION (FUNDING AGENCY) certifies that it has
the authority to contract for the above services by authority
granted in the Current Appropriations Act; TEXAS WATER CODE, 55.229
and HEALTH and SAFETY CODE §§371.061, as added by Senate Bill 1390
of the 72nd Texas Legislature.
The PERFORMING PARTY certifies that it has authority to perform the
services contracted for by authority granted in the "Interlocal
Cooperation Act," TEXAS GOVERNMENT CODE, Chapter 791. Also included
iz a copy of the City os' Denton Resolution dated June 1, 1993.
FUNDING AGENCY PERFORMING PARTY
Texas Water Commisei~n City of Denton
(Name of Agency) (Name of Party)
By. By.
(Authorized Signature) (Authorized Signature)
(Printed Name) (printed Name)
(Title) (Title)
Date: Date:
THIS CONTRACT DOES NOT REQUIRE APPROVAL BY THE GENERAL SERVICES
COMMISSION i*
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DE~RA A. DRAYOVITCH, CITY ATTORNEY
BY:~ u_
a
6
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~erdaNo 3 -03
Agendalte S l
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A'.'TACBD9'iNT A
SCOPE OF SERVICES
ARTICLE I VSL►D-OIL REC'fCf~ING PROORAX IMPLMCMATION
(a) The PERFORMING PARTY agrees to conduct activities to proaote
and implement programs for the collection and recycli•ig of
used oil in areas currently either not served or under served
by other used-oil collection and recycling programs or
facilities. The purpose of this program is to reduce the
amount of used motor oil that is disposed of indiscriminately
by do-it-yourselfers (DIY) who change there own oil. This
shall be accomplished by increasing citizens' awareness of the
environmental hazards that used motor oil presents, and by
stressing the importance of the recovery and reuse of used
motor oil.
(b) The PERFORMING PARTY proposes to prevent the harmful and
incorrect disposal of used motor oil through a used motor oil
collection program that will be available to all residents of
the City of Denton. Through this program, the PERFORMING PARTY
agrees to:
(1) collect used motor oil generated in the City of Denton,
thus diverting it from the solid waste streams;
(2) provide five (5) convenient collection locations that
shall be easily accessable to all residents of the City
of Denton to deposit their used-oil; and
(3) provide an educational and outreach campaign for citizens
by informing them through newspapt advert izements, radio
and television announcements (PSA's) and publications
a:,iout the hazards of used-oil.
(c) Under this Contract the PERFORMING PARTY agrees to provide
five (5) new collection locations for the residents to drop
off used-oil in the city of Denton. Three (3) of these
locations shall include a minimum of one (1) four hundred
sixty-five (465) gallon collection tank and the remaining two
(2) locations will each contain a two hundred seventy-five
(275) gallon collection tank. (All collection and storage
tanks rhall be designed to control and prevent spillage. These
tanks shall include double containment capabilities and/or a
lined and bermed containment pit. Also, each collection site
shall include a bermed, spill prevention pad in the
loading/unloading area where the oil will be poured into the
storage tanks).
(d) The PERFORMING PARTY shall enter into a contract with a TWC
Contract Number noooo0136 Attachment A, Page No. 1
r
AgeodaNo.,U---
ABendalle
Wto
registered used-oil hauler/recycler to collect the used-oil4,~I'gz
from the collection center.
(e) The PERFORMING PARTY shall accomplish all items or activities
listed as deliverables in Attachment B of this Contract.
(f) This Attachment, which sets forth under the Contract a
required scope of services for the proposed project, includes
the Narrative Proposal (Exhibit 1 and Exhibit 2) that was
submitted by the PERFORMING PARTY, in June, 1993, when
applying for funding from the Texas Water Commission (TWC) . In
the event any of the provisions of the narrative proposal,
incorporated as Exhibit 1 and Exhibit 2 to this Attachment,
conflict with that "Scope of Services" or with Attachment B of
this Contract (relating to Schedule of Deliverables), the
provisions of Articles 1 - 3, of this Attachment or Attachment
B shall prevail.
ARTICLE 2. RNPORT190
Using the format provided by the FUNDING AGENCY, the PERFORMING
PARTY shall provide to the FUITDING AGENCY written progress reports
concerning the overall performance of this Contract. The progress
reports shall document accomplishments and units of work performed,
including all activities performed by any subcontractors. The first
progress report shall be due on August 31, 1993 and the final
progress report shall be due on October 31, 1993. Completed report
forms should be mailed or delivered to the attention of the
"Municipal Solid Waste Grants Coordinator," at the following
address:
Texas Water Commission
Municipal Solid Waste Division
P.O. Box 13087
Austin, Texas 78711-3087
ARTICLE 3. REGIBMWTON OP COLLECTION CDi'PEAB
Using the forms provided by the FUNDING AGENCY, the PERFORMING
PARTY shall provide the required information, for each of the
collection centers established during this contract, to become
registered by the Texas Water Commission as a collection center for
used oil. The registration information shall be provided by the
PERFORMING PARTY prior to the termination date of this contract and
and prior to collection/acceptance of any used oil at such centers.
The PERFORMING PARTY also shall continue to maintain current
facility registration require-nents and submit required annual
reports to the Texas Water. Commission after completion of this
Contract.
Contract Number 3100000136 Attachment A, Page No. 2
e
~endaNo.r~
Agendalte
Rite. -3
Registration as a used-oil transporter shall be required of any 7 y,:~rg
entity who transports amounts of used-oil that exceeds the
guidelines allowed by the Federal Register 40 CFR 279, Subpart 8
"Standards for Used-Oil Transporter and Transfer Facilities."
Contract Number 3100000136 Attachment A, Page No. 3
0
/~gendaNo_ G
Agndaite
EXHIBIT 1
(TO ATTACIOUNT A)
RAMTIVR PROPOSAL
USZD•OIL R=CYCLING PROORAX IKPLZMZUTATION
AS CONTAIN= IN APPLICATIONTro S .70lZS 4j 1993 GRANT
F
F
y.
Agenda No
AAendalie
Dale ~j~
NUMBER 13 WORK PROGRAM
THE CITY OF DENTON IS CURRENTLY WORKING ON THE CONSTRUCTION OF A
PERMANENT USED OIL COLLECTION FACILITY TO BE LOCATED AT THE SOUTH
END OF THE CITY'S SERVICE CENTER GARAGE ALONG CRAWFORD STREET.
THIS FACILITY IS THE RESULT OF A USED OIL GRANT BY THE NORTH
TEXAS COUNCIL OF GOVERNMENTS. THE CITY OF DENTON IS AWARE THAT
THIS TYPE OF FACILITY 13 NEEDED TO MITIGATE THE PROBLEMS THAT
RESULT WHEN HOUSEHOLD GENERATED USED OIL IS SIMPLY MIXED WITH
HOUSEHOLD SOLID WASTES AND LANDFILLED OR IT IS POURED ON THE
GROUND OR INTO THE'STREET. THE POTENTIAL FOR GROUNDWATER
CONTAMINATION AND THE ENDANGERMENT TO HUMAN HEALTH OR THE
ENVIRONMENT THAT RESULTS ARE BECOMING INCREASINGLY SERIOUS
PROBLEMS. DENTON'S PERSONAL VEHICLE POPULATION IS ESTIMATED TO
GENERATE OVER 45,000 GALLONS OF USED OIL FROM DO-IT-YOURSELFERS
ALONE. IN ORDER TO PROMOTE THE SAFE DISPOSAL AND RECYCLING OF
USED OIL TO THIS TARGET GROUP WE WOULD LIKE TO MAKE ACCESS TO
USED OIL COLLECTION CONTAINERS AS EASY AS POSSIBLE.
THAT IS WHY WE INTEND TO PROVIDE REGIONALLY LOCATED USED OIL
COLLECTION CONTAINERS THROUGHOUT THE CITY. THE CONTAINERS WOULD
BE LOCATED AT THE FIVE OUTLYING FIRE STATIONS. THE LOCATIONS OF
THESE STATIONS IN THE VARIOUS PARTS OF THE CITY WILL MAKE THEM
IDEAL SITES. THE FACT THAT THREE OF THE FIVE SITES ARE CURRENTLY
BEING USED AS NEWSPAPER RECYCLING LOCATIONS AND ONE OF THE
REMAINING TWO SITES IS IN CLOSE PROXIMITY TO ONE OF THE CITY'S
DROP OFF RECYCLING SITES SIMPLY REINFORCES OUR DECISION.
ANOTHER REASON FOR TkCATING THE CONTAINERS AT THESE STATIONS IS
BECAUSE THEY ARE MANNED 24 HOURS A OAY, SEVEN DAYS A WEEK. THIS
WILL REDUCE THE POTENTIAL FOR VANDALISM AND/OR CONTAMINATION OF
THE CONTAINER'S CONTENTS.
TU PUBLICIZE THE USED OIL COLLECTION SITES, THE CITY WILL UTILIZE
THE LOCAL PRINT MEDIA THROUGH A SERIES OF NEWSPAPER ARTICLES AND
ADVERTISEMENTS. IN ADDITION, THE LOCATIONS OF THESE SITES WILL
BE ADDED TO THE PROMOTION AND EDUCATIONAL MATERIALS THAT ARE
ALREADY BEING DEVELOPED FOR THE ORIGINAL PERMANENT USED OIL
COLLECTION SITE AT THE MUNICIPAL SERVICE GARAGE.
a -)o
A TOTAL OF $20*5?9.31 IS REQUESTED TO FUND THIS PROJECT TO BE
EXPENDED AS FOLLOWS:
AN INTERN ON A PART TIME BASIS TO COORDINATE THE PROJECT AND
PREPARE ADS AND OTHER PROMOTIONAL MATERIALS (240 HOURS)-
$1476.00
FIVE USED OIL COLLECTION CONTAINERS- $9995.00
CONCRETE PADS AT EACH OF THE FIVE SITES TO PLACE THE
CONTAINERS ON- $6142.00
i
AgondaNo
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EXHIBIT 2
(Attachment A)
PROJNCT rKPLMWTATION 9CARDQLZ TIIQLXXI
AS PROPO9sD IN PERFORMING PARTY89 JMM 41 1993 GRANT
APPLICATION
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ON SITE INSTRUCTIONAL AND INFORMATION SIGNS AND MISC.
SUPPLIES- $850.00
PRINTING, ADS, AND OTHER PUBLICATIONS- $2000.00
DUE TO THE FACT THAT THE CITY IS ALRE)';f WORKING ON A USED OIL
COLLECTION PROGRAM, THIS PROJECT SHOULD BE SIMPLE TO IMPLEMENT.
THE DELIVERY TIME QN THE CONTAINERS IS 30 TO 45 DAYS. WHILE WE
ARE WAITING FOR THEM TO ARRIVE, WE WILL HAVE PLENTY OF TIME TO
CONSTRUCT THE CONCRETE PADS. THESE SITES COULD BE OPERATIONAL
WITHIN TWO MONTHS OF THE CONTRACT BEING SIGNED BY THE CITY OF
DENTON AND THE TEXAS WATER COMMISSION.
JULY 1, 1993- ORDER THE TANKS AND CONTACT THE CONCRETE WORK
CONTRACTOR
JULY 15, 1993- BEGIN CONSTRUCTION OF THE PADS
AUGUST 1, 1993- COMPLETE CONSTRUCTION OF THE PADS
AUGUST 15r 1993- TAKE DELIVERY OF THE USED OIL CONTAINERS
AUGUST 30, 1993- OPEN THE SITES TO THE PUBLIC
WE WILL BE USING THE SERVICES OF DALLAS OIL SERVICE COMPANY AS
OUR USED OIL COLLECTION VENDOR. THIS IS THE SAME COMPANY THAT
WILL BE SERVICING OUR PERMANENT COLLECTION FACILITY. DALLAS OIL
SERVICE CO. REPRESENTATIVE, MR. ERNIE SLAUGHTER, SAID THAT THE
USED OIL THEY COLLECT IS USED AS INDUSTRIAL HEATING OIL.
MONTHLY REPORTS WILL BE KEPT ON THE QUANTITIES OF USED OIL COL-
LECTED AT EACH SITE. THESE REPORTS WILL BE ANALYZED TO COMPARE
USAGE BETWEEN SITES. BECAUSE THE CONTAINERS ARE MOVEABLE, IT
WILL BE POSSIBLE TO CHANGE LOCATIONS OF A SITE IF IT PROVES TO BE
APPROPRIATE. THESE REPORTS WILL ALSO BE CALCULATED ON A YEARLY
BASIS AND MEASURED AGAINST THE ESTIMATED ANNUAL CITYWIDE HOUSE-
HOLD USED OIL GENERATION TO OBTAIN A DIVERSION PERCENTAGE.
i
AgandaNo_.___ A
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ATTACMCKNT Z
SCIMDUL8 OP DBLIN=RASLES
Apenda~ierr ~"7L
Date
(
ATTACHMENT B
F,CHHDULB OF DELIVHRABUS
URFORMIN2 PARTY FUNDINQ A.rarv
Ongoing Conduct required Scope Ongoing Provide information and
of Se price activities support required under
in accordance with this Contract
Attachment A of this
Contract
Monthly Submit request for Monthly Review submitted
payment using state voucher and finaacial
purchase vouchers and status report j process
TWC Financial Status
Reports (Form 269a) Payment request
08/15/93 IFB for DIY used-oil
recycling containers*
08/15/93 Public education
Campaign
08/31/93 Submit first written 09/06/93 Review first written
progress report progress report
09/30/93 Continue public
education campaign
10/31/93 Submit final written 11/06/93 Review final written
progress report progress report
10/31/93 Submit final Financial 11/06/93 Review final Financial
Status Report or by not Status Report
later than 45 days
after termination of
the contract
*IFB - Invitation for Bids
Contract !lumber 3100000136
Attachment B, Page No. 1
r~
Agenda No
lle
Agenda
Cain
ATTACMUM C
nIOIBLB RNDMURSABLB COSTS AND PAYKIXT PROCNDUnS
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ATTACMG NT C
ELIGIBLE REIKBURSABLE COSTS AND PAYMENT PROCEDURES
ARTICLE + eMO I2ED AnDORT FOR LOCAIL_U SD-OIL RECYCLING
RECWLlNG IMPLEMENTATI N/ TION PROJECTS
Total FUNDING AGENCY obligation, from the Used-Oil Recycling Fund, for
expenses (costs) authorized under this Contract for used-oil recycling
program implementation/collection projects, are as follows:
Personnel/Salary. . . . . . . $ 1,476
Fringe Benefits . . . . . 117
Travel. . . . . . . . . . 00,000
Supplies. . . . . . . . . . . . $50
Equipment . . . . . . . . . . . 9,485
Construction. . . . . . . . . . 00,000
Contractual . . . . . . . . . . 6,142
* Other . . . . . . . . . . . . . 2,000
Total Direct Costs $ 20,010
Authorized Indirect Costs $ .0-
TOTAL PROJECT COSTS. $ 20,070
VERFORMING PARTY Share. . . . $ OO,000
FUNDING AGENCY Share. . $ 20,070
*Includes cost for advertizing campaign
**Includes cost for constructing sites for tanks
ARTZCLE Z AUTHORIZATIONS REQUIRED
In addition to the category-specific budgeted amount set forth in Article
1 of this Attachment, the following requirements to expend funds
available under this Contract are in effect:
(a) Travel-Related Costs. All travel related expenses of the PERFORMING
PARTY, whether for in-state or out-of-state travel, shall be claimed
at the same rates and guidelines, or at lesser rates than those
allowed by the State of Texas for its employees. Automobile mileage
shall be reimbursed at no more than 27.5 cents per mile; per diem
shall be for actual costs (lodging and meals) up to eighty ($80)
dollars for per individual
and fifty-five (maximum of twenty-five
per f -ay for 5 lodging) dollars
per day
Unless specifically authorized in Attachment A of this Contract, no
out-of-state travel expenses shall be eligible for reimbursement
Contract Number 3100000136 Attachment C, Page No. 1
fkte_Q1.~
unless such travel has been approved ahead of time, in writing,
the FUNDING AGENCY. All travel for which expenses :re claimed m st
be in connection with the scope of work or services required under
Attachment A of this Contract and must ',e supported by funds
budgeted for "Travel" under Article 1 of this Attachment.
{b) Equipment Expenditures. Unless specifically authorized in Article
3 and budgeted under Article 1 of this Attacrznent, no purchases of
equipment (items costing more than five hanared ($500) dollars)
shall be eligible for reimbursement under this Ccntre.ct unless the
procurement for such equipment is approved ahead of time, in
writing, by the FUNDING AGENCY. This requirement for prior approval
extends to equipment acquire3 or purchased by subcontractors.
Equipment items having a unit purchase cost of less than Five
Hundred ($500) Dollars are not specifically listed in this Contras;6
and are not subject to approval by the FUNDING AGENCY prior to being
purchased.
(c) Contractual Expenditures. No contractual expenses shall be eligible
for reimbursement unless authorized ahead of time, in writing, by
the FUNDING AGENCY. The procedures to be adhered to when requesting
or granting such approvals are as follows:
(1) PERFORMING PARTY shall describe, in writing, the purpose and
objective of each proposed subcontract and fully explain how
and why such subcontract, if approved, will further the
objectives of the FUNDING AGENCY with respect to municipal
solid waste management=
(2) PERFORMING PARTY shall explain to the FUNDI170 AGENCY how the
award amount of each proposed sub., %t ract was arrived at and
justify the cost of each such subcontract; and
(3) PERFORMING PARTY shall explain to the FUNDING AGENCY how the
work (or tasks) required under each proposed subcontract is
fully achievable within the time frames contained in the
respective proposed subcontract.
(d) Subcontract Amendments. Any amendments to subcontracts that will
result in or require changes in the total amount of the subcontract,
changes in the "scope of services" or "work to be performed" under
the subcontract or changes in the term of the subcontract document
itself must be approved in writing by the FUNDING AGENCY.
ARTICLE 3. RQUIPHM
(a) The FUNDING AGENCY shall evaluate all equipment purchases which
utilize grant funds to determine that such items legitimately
serve to fulfill the scope and purpose of this Contract. If
equipment purchases do not legitimately serve to fulfill the scope
and purpose of this Contract, then the FUNDING AGENCY shall not
Contract Number 3100000136 Attaci.nent C, Page No. 2
t
f
reimburse the PERFORMING PARTY for such equipment pun hases.~
(b) Title to equipment and any constructed fixtures acquired from funds
provided under this Contract shall, throughout the term of this
Contract, be in the name of the PERFORMING PARTY. Both parties
agree that upon full performance of this Contract, title shall
remain with t*Ae PERFORMING PARTY, provided however, that if this
Contract is terminated, due to substantial failure by the PERFORMING
PARTY to fulfill its obligations under this Contract, pursuant to
Attachment D, Article 3 of this Contract (relating to Termination).
Title and physical possession of all equipment and constructed
fixtures shall, upon written notification from the Executive
Director of the FUNDING AGENCY, be transferred in good condition and
within, five (5) days to the FUNDING AGENCY or any other party
dr,signated by the FUNDING AGENCY.
(c) The following items of equipment are hereby authorized to be
purchased or acquired under this Contract.
Number Description Item Coat Total
3 four hundred sixty- $ 1995 $ 5985
five (465) gal. used-oil
containers
2 two hundred seventy- 1750 3500
five (275) gal. used-oil
TOTAL $ 4485
(Shipping and handling costs included)
1KTICLE 4. PROHIBITED 1►CTIV12 M
Unless authorization is specifically provided in accordance with the
provisions of this Attachment or in accordance with Attachment A of this
Contract, the PERFORMING PARTY shall ensure that funds provided under
this Contract are not used for the following activities, programs, or
projects:
(a) Duplication of Effort, Activities, projects, programs, studies,
etc.that provide duplicate funding for projects under other
State funding programs are not authorized.
(b) Facility-Related Costs. Funds may not be used for final design
and engineering costs or construction costs for landfills,
transfer stations, and other facilities predominantly
associated with solid waste disposal only.
(c) Land Acquisition Costs. Funds may not be used to acquire land
or an interest in land.
Contract Number 3100000136 Attachment C, Page No. 3
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(d) Household Hazardous Waste Disposal. Funds may not be use or
the costs of disposal of household hazardous waste.
(e) Collection of recyclable materials. Funds may not be used for
collection of recyclable materials other than used motor oil.
ARTICLE 5 PAY16M REQUIST PROCEDUABS
(a) The PERFORMING PARTY, in order to obtain reimbursement for those
expenditures authorized under this Contract, shall submit, no more
frequently than once per month, five (5) copies of a legible and
properly completed State of Texas Purchase Voucher (Comptroller of
Public Accounts Form 74-112). Each submitted voucher shall be
accompanied by a legible, properly completed and signed TWC
Financial Status Report (State Supplemental Form 269a) which clearly
indicates, for each Contract-contained budget category, the
PERFORMING PARTY'S expenditures or encumbrances for the period in
question, the PERFORMING PARTY'S cumulative expenditures or
encumbrances with respect to each budget category, and the balance
remaining in each category following reimbursement of the amount
being requested. Vouchers and State Supplemental 269a forms shall
contain sufficient detail for audit thereof. Completed vouchers and
their corresponding 269a forms, should be mailed or delivered, to
the attention of the 'Municipal Solid Waste Grants Coordinator," at
the following address:
Texas Water Commission
Municipal Solid Waste Division
P. O. Box 13087
Austin, Texas 78711-3087
(b) To be eligible for reimbursement under this Contract, a cost must
have been incurred within the time period indicated on State
Supplemental Form 269a and either paid by the PERFORMING PAR'T'Y prior
to claiming reimbursement from the FUNDING AGENCY or incurred by the
last day of the time period indicated and liquidated no later than
forty-five (45) days after the end of the indicated time period.
(c) Requests for reimbursement to cover subcontracts authorized under
this Contract to be award,?d by the PERFORMING PARTY shall be
reported, as a single total amount, on State Supplemental Form 269a
under the category titled "Contractual." Tho PERFORMING PARTY
shall attach to each State Supplemental Form 269a clear and comploste
documentation indicating how the total "Contractual" amount to be
reimbursed by the FUNDING AGENCY is divided among various
subcontracts.
(d) The FUNDING AGENCY reserves the right to suspend payment for any
incomplete, incorrect, or inconvisteat services or reports required
Contract Number 3100000136 Attachm6nt C, Page No. 4
A~endaNo _.Js -
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61
by thi eContract
or corrects such PERFORMING 1
completet ,
(e) Failure on the part of the PERFORMTNC- ?ARTY to comply with the
revocation of any unexpendeddfunds.
conditions termination oft the forth in Contract this
ARTICLE 6 QMTSRLY FINANCj STATUS nj4ORTs
(a) Separate State Supplemental Forms 269a, containing as their "report
period" the latest fiscal year quarter, shall, within twenty (20)
days following the end of each fiscal year quarter that is contained
within the time period or "term" of this contract, be submitted for
the budget set forth in Article 1 of this Attachment. Such reports
are required even if no expenses or encumbrances were incurred
during the report period. The first report shall be due on August
31, 1993 and the final report shall be due within forty-five (45)
days following October 31, 1993.
(b) If, however, the PERFORMING PARTY budgetose p forth in Articleiving I of
reimbursement under the approved
this Attachment has already submitted, together with State of Texas
over a the Vouchers, squarterly time period for lthe respective budgets,
the reports eed as having bend Section (a) of this Article shall be
MIC 7 AAw^JAL/PTlv'A? Y*Nt~CIAL BTATQS RiP_48T
A Final Financial Status Report, utilizing TWhan forty 210, (shall 45) days
submitted by the PERFORMING PARTY, by not later following the end of the Contract term, for the approved budget as set
forth in Articles 1 of this Contract.
Attachment C, Page No. 5
Contract Number 3100000136
717,
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A1TACM1T D
ADDITIONAL CONTRACT PROVISIONS
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ATTACMU:Nr D
ADDITIONAL CONTRACT PROVISIONS
ARTICLE i. nt~nrosr. ovicenvSIBILITIE3 OF iaB PSRPO MTNO PAy;LY
(a) The PERFORMING PARTY shall be responsible for the professional
quality, technical accuracy, timely completion and the coordination
of all services and other work furnished by the PERFORMING PARTY
under this Contract.
(b) The PERFORMING PARTY shall perform such professional services as may
be necessary to accomplish the work required to be performed under
this Contract, in accordance with this Contract and applicable
FUNDING AGENCY requirements and any and all applicable law.
(c) Neither the FUNDING AGENCY'S review, approval or acceptance of, nor
payment for any of the services shall be construed to operate as a
waiver of any rights under this Contract or of any cause of action
arising out of the performance of this Contract; and the PERFORMING
PARTY shall be, and remain, liable in accordance with applicable law
for all damages to the FUNDING AGENCY including reasonable
attorneys' fees and court costs caused by the PERFORMING PARTY's
negligent performance of any of the services furnished under this
Contract.
(d) In performing any services hereunder, the PERFORMING PARTY is, and
undertakes performance as, an independent contractor.
(e) The PERFORMING PARTY shall be, and shall remain, liable in accor-
dance with applicable law for any and all bodily injury, disease, or
death of third persons or loss of or damage to property of third
persons arising out of or incident to the PERF02.MING PARTY' work
performance or use of equipment.
(f) The PERFORMING PARTY agrees to indemnify and hold harmless the
FUNDING AGENCY and all of its employees and officer against any and
all liability, loss or damage arising out of or incident to the
PERFORMING PARTY'S work performance or use of equipment.
(g) The obligations of the PERFORMING PARTY under this Article are in
addition to the PFRFORMING PARTY'S other express or implied
assurances under this Contract or applicable law.
ARTICLE Z. PAXKW
(a) Upon satisfactory completion of the work performed hereunder and
Contract Number 3100000136 Attachment D, Page No. 1
AGPIdaPio__~3 "
An9n~aI10R1 C---
oa
prior to final payment under this Contract for such work, or 0
to settlement upon termination of this Contract and as a conditi n
thereto, the PERFORMING PARTY shall execute and deliver to the
FUNDING AGENCY a release of all claims against the FUNDING AGENCY
arising under or by virtue of this Contract.
(b) Final Payment under this Contract or settlement upon termination
shall not constitute a waiver of the FUNDING AGENCY'S claims against
the PERFORMING PARTY.
ARTICLE 3. TIRNINATION
(a) This Contract shall terminate upon full performance of all
requirements contained herein, unless extended in writing,
(b) This Contract may be terminated in whole or in part in writing by
either contracting party in the event of substantial failure by the
other party to fulfill its obligation under this Contract through no
fault of the terminating party: provided that no such termination
may be effected unless the other party is given (1) not less than
ten (10) days written notice (delivered by certified mail, return
receipt requested) of intent to terminate, and (2) an opportunity
for consultation with the terminating party prior to termination.
(c) This Contract may be terminated in whole or in part in writing by
the FUNDING AGENCY if the Texas Legislature withdraws the
appropriation of funds for grants or reduces or restricts the
appropriation to the FUNDING AGENCY.
(d) This Contract may be terminated in whole or in part in writing by
the FUNDING AGENCY for its conveniences provided that the
PERFORMING PARTY is given not less than ten (10) days written notice
(delivered by certified mail, return receipt requested) -)f intent to
terminate.
(e) If termination for default under Section (b) or termination for lose
of State appropriation under Section (c) or termination for
convenience under Section (d) is effected by the FUNDING AGENCY, an
equitable adjustment in the price provided for in this Contract
shall be made, but:
(1) no amount shall be allowed for anticipated profit on
unperformed services, tasks or other work; and
(2) any payment due the PERFORMING PARTY at the time of termination
may be adjusted to the extent of any additional costs
occasioned to the FUNDING AGENCY by reason of the PERFORMING
PARTY's default. However, the equitable adjustment for any
termination shall provide for payment to the PERFORMING PARTY
for services rendered and expenses incurred prior to the
termination, in addition co termination settlement costs
Contract Number 3100000136 Attachment D, Page No. 2
a
Ag,n~aFte ~ 7~
reasonably incurred by the PERFORMING PARTY relating
commitments which had become firm prior to the termination.
(f) Upon receipt of a termination notice pursuant to Sections (b), (c)
or (d) above, the PERFORMING PARTY shall (1) promptly discontinue
all services affected (unless the notice directs otherwise) and (2)
deliver or otherwise make available to the FUNDING AGENCY all data,
drawings, specifications, reports, estimates, summaries, and such
other information and materials or equipment as may have been
accumulated by the PERFORMING PARTY in performing this Contract,
whether completed or in process.
(g) Upon termination pursuant to Sections (b), (c) or (d~ above, the
FUNDING AGENCY may take over the work and prosecute it to completion
by agreement with another party or otherwise.
(h) If, after termination for failure of the PERFORMING PARTY to fulfill
contractual obligations, it is determined that the PERFORMING PARTY
had not so failed, the termination shall be deemed to have been
effected for the convenience of the FUNDING AGENCY. In such event,
adjustment of the price provided for in this Contract shall be made
as provided in Section (e) of this Article.
(i) If any delay or failure of performance is excused under Article 18
of this Contract, the FUNDING AGENCY may in its sole discretion
terminate this Contract in whole or in part. The FUNDING AGENCY
shall give the PERFORMING PARTY not less than ten (10) calendar
days' written notice (delivered by certified mail., or overnight
delivery service, return receipt requested) of intent to terminate
and an opportunity for consultation prior to termination. If such
termination is effected, an equitable adjustment shall be made in
accordance with Section (e) of this Article.
ARTICLE 4. CEMOSS
(a) The Executive Director of the FUNDING AGENCY, or a person identified
in accordance with Article 13 of this Attachment (relating to
Authorized Representatives), may, at any time, by written
notification to the PERFORMING PARTY, make changes to the scope of
this Contract or in the tasks or work to be performed. If such
changes cause an increase or decrease in the PERFORMING PARTY'a cost
of, or time reglA red for, performance of any tasks supported under
this Contract, whether or not changed by any order, an equitable
adjustment shall be made and this Contract shall be modified in
writing accordingly. Any claim of the PERFORMING PARTY for
adjustment under this clause must be asserted in writing within
thirty (30) days from the date of receipt by the PERFORMING PARTY of
the notification of change unless the Executive Director of the
FUNDING AGENCY or a person identified in writing under Article 13 of
this Attachment grants a further period of time before the date of
final payment under this Contract.
Contract Nwaber 3100000136 Attachment D, Page No. 3
Apen~aP)o_ <~~~L3___3~
A~e7dallo 7G
(b) A Major Change will include one or m C119
ore of the followi ng;
(1) An increase or decrease in the amount of compensation to the
PERFORMING PARTY;
(2) An extension or shortening of the term of the Contract;
(3) A change to the scope of the Contract or the services to be
performed; or
(4) Any action that is beyond the authority of the Executive
Director or the Authorized Representative of the FUNDING
AGENCY.
(c) Implementation of a Major Change must be preceded by a formal
written amendment to the Contract. The amendment must contain a
description and justification of the proposed change and formal
signature of both the Executive Director of the FUNDING AGENCY or
his Authorized Representative and the Authorized Representative of
the PERFORMING PARTY. Any amendment that will exceed the contractual
authority of the Executive Director of the FUNDING AGENCY also
requires the consent of a majority of Commissioners of the FUNDING
AGENCY.
(d) Minor C a gosed e. Such change does not require a formal amendment to as a
the
Contract. At his or her discretion, the Authorized Representative of
the FUNDING AGENCY may require the PERFORMING PARTY to submit a
written request for the change and a description of the activity or
action proposed, or may give the PERFORMING PARTY verbal approval
for the change. In either case, no authorization shall be effective
unless it is followed by a letter from the Authorized Representative
of the FUNDING AGENCY ratifying the authorization. A copy of the
letter must be retained in the appropriate file of both the
PERFORMING PARTY and the FUNDING AGENCY.
(e) If the PERFORMING PARTY requests a Minor Chango and Authorized
aReMpiresenorntative
thFUNDING AGENCY e change shall be deemed p a Major Changetand
the PERFORMING PARTY may only obtain authorization to proceed in
accordance with Section (c) of this Article.
ARTICLI S 11000QNTIN AXO
The PERFORMING PARTY shall have an accounting system which accounts for
costs in accordance with generally accepted accounting standards or
principles. The PERFORMING PARTY must propose and account for costs in
a manner consistent with such standards or principles.
Contract Number 3100000116
Attachment D, Page No. 4
P
i
Aac~dalte
ARTICLE 6 R IT ACCSSG ern RECORDS 31 a
(a) The PERFORMING PARTY shall maintain and make available for
inspection, audit, or review books, records, documents, and other
evidence directly pertinent to performance on all work under this
Contract, including negotiated changes or amendments th.reto, in
accordance with accepted professional practice, and appropriate
accounting procedures and practices at the PERFORMING PARTY's
Municipal Build-- I td in Denton. Texaq. The PERFORMING PARTY
shall also make available at this office the financial information
and data used by the PERFORMING PARTY in the preparation or support
of the project budget submitted to the FUNDING AGENCY (refer to
Attachment C) of this Contract. The FUNDING AGENCY or any of its
duly authorized representatives, shall have access to such books,
records, documents, and other evidence for the purpose of
inspection, audit review and, upon conference with the PERFORMING
PARTY, copying. All such information shall be handled by the
auditing parties in accordance with good business ethics.
(b) the PERFORMING PARTY agrees to include Sections (a) through (h) of
this Article in all its contracts and to require their inclusion in
all subcontracts directly related to project performance that are in
excess of Twenty-Five Thousand Dollars ($25,000).
(c) Audits conducted pursuant to this provision shall be in accordance
with generally accepted auditing standards and established
procedures and guidelines of the reviewing or audit agency(ies).
(d) Where the audit concerns the PERFORMING PARTY, the FUNDING AGENCY
will afford the PERFORMING PARTY an opportunity for an audit exit
conference and an opportunity to comment on the pertinent portions
of the draft audit report. The final audit report will include the
written comments, if any, of the audited parties.
(e) Records under Section (a) above shall be maintained and made
available during performance on work under this Contract and until
three years from date of final payment by the FUNDING AGENCY for the
pro ect. In addition, those records which relate to any dispute,
litigation, or the settlement of claims arising out of such
performance, or costs or items to which an audit exception has been
taken shall be maintained and made available until three years after
the date of resolution of such disputes, litigation, or claim or
exception.
(f) Access to records is not limited to the required retention periods.
The FUNDING AGENCY and any of its authorized representatives shall
have access to records at any reasonable time for as long as the
records are maintained.
(g) This right of access Article applies to financial records pertaining
to all subcontracts and all subcontract change orders and
subcontract amendments.
Contract Number 3100000136 Attacwanent D, Page No. 5
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(h) The FUNDING AGENCY reserves the right to require the reimburd'Yiefe
of any over-payments determined as a result of any audit r
inspection of records kept by the PERFORMING PARTY on work performed
under this contract.
ARTICLS 7 gn=ISS
Notwithstanding any other terms in this Contract, or any attachments or
addenda hereto, or any documents comprising this Contract, all claims,
counterclaims, disputes, and other matters in question between the
FUNDING AGENCY and the PERFORMING PARTY arising out of or relating to
this Contract or the breach thereof will be decided in a court of
competent jurisdiction in the City of Austin, Travis County, Texas. The
parties may agree to submit such claims, counterclaims, disputes, and
other matters in question between the FUNDING AGENCY and the PERFORMING
PARTY to arbitration or mediation, but only by written amendment to this
Contract signed by both the FUNDING AGENCY and the PERFORMING PARTY.
AP,TICLE I. B7_LOY CJWT P AMICEa
The PERFORMING PARTY agrees that in the performance of this Contract, it
will not discriminate against any employee or applicant because of race,
religion, color, sex, age, or national origin and it will comply with
Executive Order 11246, entitled "Equal Employment Opportunity", as
amended by Executive Order 11375, and as supplemented in Department of
Labor Regulations (Title 41 CFR Part 60). The PERFORMING PARTY assures
that no person will, on the grounds of race, creed, color, handicap,
national origin, sex, political affiliation or beliefs, be excluded from,
be denied the benefit of, or be subject to discrimination under any
program or activity funded in whole or part under this Contract.
ARTICLE 9. MM ICRNS 111TH DISABILITISB =
The PERFORMING PARTY shall comply with all applicable requirements of the
Americana with Disabilities Act of 1990, Public Law 101.336, 101st
Congress, 2nd Session, 104 Stat. 327 (July 26, 1990).
ARTICLE 10. UTILIZATION OF SMALL. MINORITY, V01=08 BQ MBB AND LABOR
SURPL is m1T1ZItKan
(a) In accordance with FUNDING AGENCY policy, the PERFORMING PARTY
agrees that qualified small, minority, and women's businesses and
labor surplus area firms shall have the maximum practicable
opportunity to participate in the performance of work under this
Contract.
(b) In accordance with FUNDING AGENCY policy, the PERFORMING PARTY
agrees that it will attempt to achieve thirty percent (30t)
Contract Number 3100000136 Attachment D, Page No. 6
AgeRdaNo~ 93 -D 2
Ager,~3tie1C
participation by minority and women' r:,3
s enterprises and small busines °Z
enterprises in work performed for this project. If the PERFORMI ls to durationiof this achieve eight
will demonstrate tin iwriting over the
took the following affirmative action steps:
(1) Placed qualified small and minority businesses and women's
business enterprises on solicitation lists;
(2) Assured that such business enterprises were solicited whenever
they were potential sources;
(3) Divided total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by
such business enterprises;
(4) Established delivery schedules, where the requirement
permitted, which encouraged participation by such business
enterprises;
(5) Used the services and assistance of the Small Business
Administration and the Minority Business Development P.gency of
the U.S. Department of Commerce; and
(G) Required its subcontractors to take the affirmative steps
listed in Sections (1) through (5) above in all of its
subcontracts that contemplate the letting of lower-tier
subcontracts.
(c) The PERFORMING PARTY's failure to comply with the provisions of this
Article shall constitute a default under this Contract.
(a) For the purpose of this Article, "intellectual property" refers to
1) any discovery or invention for which patent rights may be
acquired, and 2) any photographs, graphic designs, specifications,
computer programs, technical reports, operating manuals, or other
copyrightable materials, and 3) any other materials in which
intellectual property rights may be obtained.
(b) If the PERFORMING PARTY first conceives of, actually puts into
duringcthedcourserof invtsentswor, or
underot his Contract, intellectual that fact to the FUNDING AGENCY.
(c) The PERFORMING PARTY may obtain governmental protection for rights
in the intellectual property. However, the FUNDING AGENCY hereby
r
eserves a nonexclusive, royalty-free and irrevocable license to
use
oth'erpiseublish,
and to authordize intellectul
propery FUNDING for
GENCY also
Coat:act Number 3100000136
Atteahment D, Page No. 7
I
r
Agea0a No
Ayr,rG3liem
reaetti+ea a royalty-free nonexclusive, and irrevocacbl:l e 'lice
b ~
use, publish, or reproduce for sale or otherwise, and to author e
others to use, publish, or reproduce, for sale or otherwise (to the
extent consistent with the rights of third parties) any intellectual
property for which the PERFORMING PARTY obtains rights with funds
received under this contract.
(d) In performing work under this agreement, the PERFORMING PARTY shall
comply with all laws, rules, and regulations relating to
intellectual property, and shall not infringe on any third-party's
intellectual property rights. It shall hold the FUNDING AGENCY
harmless for, and defend and indemnify the FUNDING AGENCY against,
any claims for infringement related to its work under this Contract.
(e) The PERFORMING PARTY shall include provisions adequate to effectuate
t
he purposes of this article in all subcontracts under this Contract
in the
acquired course of which intellectual property may be produced or
ARSICLB 1Z BIIBCntrrb~e+me
Any subcontractors and outside associates or consultants required by the
PERFORMING PARTY in connection with the oervices covered by this Contract
shall be limited to such individuals or firms as were specifically
identified in Attachment a to this Contract and agreed to during
negotiations or as are specifically approved by the Executive Director of
t
during the he FUNDING AGENCY, or a person identified in writing under Article 13
subcontractors performance as iates, or consultants Contract. Any be substitution ito the prior
written approval of the Executive Director or a person identified in
writing under Article 13.
AXTICLS 13,
AOTSOIII4an bpbb4avvm~n.~~*v
(a) The Executive Director hereby identifies as the person authorized to
give direction to the PERFORMING PARTY:
Susan Kaderka, Manager
Recycling and Waste Minimization
Office of Pollution Prevention and Conservation
Texas Water Commission
P. 0. Box 13087
Austin, Texas 78711.3087
(b) The Executive Director hereby authorizes such identified person to
further delegate his or her authority as necessary, including any
delegation of authority to a FUNDING AGENCY employee who will act as
the FUNDING AGENCY's authorized Field Representative. Written
notice of any such delegation shall be provided to the PERFORMING
PARTY.
(c) The PERFORMING PARTY hereby identifies the person authorized to
contract !lumber 3100000136 Attachment D, Page No. 8
i
A
A~ca6~Iie ~ ~7G_
receive direction from the FUNDING AGENCY, to manage the ork be4rfgD `Ol
performed, and to act on behalf of the PERFORMING PARTY:
Mr. Sill Angelo, Director of Community Services
City of Denton
901 Texas Street
Denton, Texas 76201
(d) The PERFORMING PARTY agrees Lo make whatever arrangements are
necessary to ensure that the above-identified person, or someone to
whom that person has .iit,,ated his or her authority, is available at
all times for consultation with the FUNDING AGENCY. Written notice
of any such delegation shall be provided to the FUNDING AGENCY.
ARTICLE 14. DATIi AND PULICITY
(a) All data and other information developed under this Contract shall
be furnished to the FUNDING AGENCY and shall be public data and
information except that it is exempted from public access by the
Texa•. Open Records Act, Vernon's Tex. Civ. Stat. Ann. Art. 6252-17a
("'.ct"). Upon termination of this Contract, all data and information
shall become the property of the FUNDING AGENCY.
(b) Except as otherwise provided by this Contract, or by the Act, the
PERFORMINJ PARTY shall not provide data generated or otherwise
obtained in the performance of its responsibilities under this
Contract to any party other than the State of Texas and its
authorized agents.
(c) The PERFORMING PARTY agrees to notify and obtain the verbal approval
of the FUNDING AGENCY prior to releasing any information to the news
media regarding the activities being conducted under this Contract.
ARTICLE 15. LIClNSSS. PIRMITS AND LAWS
The PERFORMING PARTY shall, except as otherwise provided in this
Contract, be responsible for obtaining any necessary licenses and
permits, and for complying with any applicable federal, state, and
municipal laws, codes and regulations, in connection with the work
required by this Contract,
ARTICLR 16. MROY ZIFIC110= STANDARDS
The PERFORMING PARTY shall follow standards and policies on energy
efficiency which are contained in the Texas State Energy Conservation
Plan issued in compliance with the Energy Policy and Conservation Act
(P.L. 94-163).
ARTICLE 17. AC 017LSDGXKM OF FINANCIAL SUPPORT
The PERFORMING PARTY shall acknowledge the financial support of the
FUNDING AGENCY whenever work funded, in whole or part, by this Contract
Contract Number 3100000136 Attachment D, Page No. 9
I
AaeodPlo 3-0.3.Z_.
A~c~tlalt_-~ 76 is publicized or reported in news media or publications. All repor
other documents completed as a part of this Contract, other than
documents prepared exclusively for internal agency use by the PERFORMING
PARTY or within the FUNDING AGENCY, shall carry the following notations
on the front cover or title page:
"PREPARED IN COOPERATION NITS THE TEXAS WATER COMMISSION"
ARTICLE 18 FORCE MAJEM
(a) A force ma jcure event shall he defined to include decrees of or
restraints by a governmental instrumentality, acts of God (except
that rain, wind, flood or other natural phenomena normally expected
for the locality shall not be construed as an act of God), work
stoppages due to labor disputes or strikes, fires, explosions,
epidemics, riots, war, rebellion, and sabotage.
(b) Subject to the following conditions, and provided this Contract has
not been terminated as provided by Article 3%1) of this Attachment,
if a delay or failure of performance by either party results from
the occurrence of a force majeure event, the delay shall be excused
and the time fixed for completion of the work extended by a period
equivalent to the time lost because of the event if, and to the
extent that:
(1) the delay or failure was beyond the control of the party
affected and not due to its fault or negligence; and
(2) the delay or failure was not extended because of the affected
party's failure to use all diligence to overcome the obstacle
or to resume performance immediately after the obstacle was
overcome.
(c) No time extension shall be granted under this Article unless the
party seeking relief has notified the other in writing within ten
(10) calendar days of the time of commencement of the event, of the
anticipated length and cause of the delay, the measures taken or to
be taken to minimize the delay, and the timetable by which the
PERFORMING PARTY intends to implement these measures. The party
seeking relief shall also give written notice of the ending of the
event within ten (10) calendar days after the event has ended.
(d) If the PERFORMING PARTY is the party seeking relief tinder this
Article, the burden of proving a force majeure event has ocnurred
remains with it, and no extension shall be granted unle;,s the
FUNDING AGENCY agrees the occurrence constitutes a force majeure
event, which agreement may not he unreasonably withheld.
(e) The FUNDING AGENCY shall be responsible only for costs incurred by
the PERFORMING PARTY after the prior written request by the
Executive Director, or his authorized representative, to incur such
costs in connection with any force majeure event. Neither the
FUNDING AGENCY nor the PERFORMING PARTY shall have, and both hereby
waive, any claim whatever for any damages resulting from delays
Contract Number 3100000136 Attachment D, Page No. 10
t 3
A~crd3ltaGm yG
caused by force majeure events.
(f) In no event shall this Article lessen or modify the FUNDING AGENCY'S
rights as set out elsewhere in this Contract.
ARTICLE 19, UNIFORM GRANT AND C4NTA.sCT NANA6ENTsNT ACT
The provisions of the Uniform Grant and Contract Management Act, TEX
GOVT CODE ANN. 5783.001 et seq (Vernon, 1992), apply to this Contract.
Compliance with the conditions and requirements contained therein is
necessary for the satisfactory performance of the services and work
required under this Contract.
ARTICLE 20. NOTICE
Any notice or other written communication shall be considered delivered
when postmarked provided such notice or written communication is sent by
certified mail, return receipt requested, or delivered in person to the
authorized representative of the party specified in Article 13 of this
Attachment (relating to Authorized Representatives).
19TICL•I 21, INTIRI CONTRACT
This Contract (Including the document entitled "Interlocal Contract," and
"Attachments A - D" thereto) represents the entire Contract between the
contracting parties and supersedes any and all prior contracts between
the parties, whether written or oral.
ARTICLE 22. ANZkMW Tfl
Any amendments, modifications or supplements to this Contract shall be in
writing and shall be signed by both parties.
ARTIC►U 23, IIADING6
The headings to sections contained in this Contract are for convenience
and reference only and in no way define, describe, extend or limit the
scope or intent of the substantive provision to which the heading applies
unless the context so requires.
AQTI L•I 24. ORDZR OF _PAZZA&UM
Unless otherwise stated, a listing of factors, criteria or subjects in
this Contract does not constitute an order of preference.
Contract Number 1100000116 Attachment 0, Page No. 11
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AgendaNo
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Gas
ARTICLE 25. WAIVER j
Unless authorized in accordance with Article 4 of this Contract
{Changes), or in writing by the Executive Director, no waiver of any
obligation of the PERFORMING PARTY under this Contract shall bind the
FUNDING AGENCY. Furthermore, unless specified in :he written
authorization, the authorized waiver by the Executive Director or any
waiver by his Authorized Representative, of any such obligation shall not
constitute a continuing waiver of the obligation or a waiver of the
FUNDING AGENCIES right subsequent to the written authorization to demand
and receive performance in accordance with all provisions of this
Contract.
ARTICLE 26, SEVERASILITY
If any provision of this Contract is held invalid, such invalidity shall
not affect any other provision which can be given effect without the
invalid provision, and to this end the provisions of this contract are
declared to be severable.
ARTICLE 27. ASSIGNABILITY
This Contract is not transferable or otherwise assignable by the
PERFORMING PARTY.
Contract Number 3100000136 Attachment D, Page No. 12
a
a
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E: \NPW &%R E A \7 RAWN. A
No, -
A~aedilt
Data a
RESOLUTION NO.
A RESOLUTION APPROVING THE SUBMISSION OF TWO PROPOSED PROJECTS TO
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND THE TEXAS
DEPARTMENT OF TRANSPORTATION AS CANDIDATES FOR STATEWIDE TRANSPOR-
TATION ENHANCEMENT PROGRAM FUNDING; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City is vitally interested in enhancing the
transportation system within the City and within the north Texas
region; and
WHEREAS, the Statewide Transportation Enhancement Program
announced by the Texas Department of Transportation provides the
vehicle for funding transportation enhancements on a 801 local
basis in accordance with the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA); and
WHEREAS, After months of review by the City staff, public
hearings, and Planning and Zoning Commission recommendations, the
City Council wishes to designate these capitol improvements pro-
jects which are eligible for transportation enhancement program
funding; and
WHEREAS, the Denton Rails to Trails project has been endorsed
by citizens and staff through the Trail Planning Program as the
most significant regional transportation enhancement project; and
WHEREAS, the Rails to Trails project includes restoration of an
historic train station; and
WHEREAS, the completion of landscaping along US380, which was
funded in partnership with the State of Texas, has dramatically
enhanced the quality of one of the region's most heavily used
thoroughfares, but is incomplete; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESA
SECTION I. That the Denton Rails to Trails project, valued at
g , be submitted to NCTCOG as Denton's number one
priority transportation enhancement program.
SECTION ii. That the US380 (Univoraity Drive) landscaping
project, from Malone street to Alice Street and IH35 to Mesa Drive,
valued at $ , be submitted as Denton's number two
priority transportation enhancement program.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
Agendafvo 93 ~,2
Agcndaf3e ~
Ctato d',~
a a
PASSED AND APPROVED this the day of 1993.
BOB CASTLEBERRY$ MAYOR
ATTESTt
JENNIFER WALTERSt CITY SECRETARY
BYS
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCHO CITY ATTORNEY
BYS
PAGE 2
i
- fi\WDOCf\REi\DEMCO.R
AV&No a
W411
ate ~
RESOLUTION NO.
A RESOLUTION APPROVING THE FISCAL YEAR 1994 FINANCIAL PLAN OF THE
DENCO AREA 9-1-1 DISTRICT, PURSUANT TO ARTICLE 1432e V.A.T.A.i AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Council of the City of Denton has been presented
the Fiscal Year 1994 Financial Plan of the Denco Area 9-1-1
District for approval, in accordance with article 1432e, section
7(D), V.A.T.S., as amendedt NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESi
SECTION I. That the City Council of the City of Denton hereby
approves the financial plan.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
I
BOB CASTLEBERRY, MAYOR
ATTESTt
JENNIFER WALTERS, CITY SECRETARY
BYt
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
B Y I
`~^"t
AgendaNo-~
Agsndalle
DENCO AREA 9 - 1 - 1 T
To S. Stemmons, Suite 260, Lewisville, Texas 75067
PhonerTDD (214) 221.0911 FAX (214) 420.0709
August 3, 1993
Lloyd Harrell, City Manager
City of Denton
215 E. McKinney
Denton, TX 76201
Dear Mr. Harrell:
Enclosed is a copy of the Denco Area 9-1-1 District Fiscal Year 1994 Financial Plan that
was approved by the district's Board of Managers at its July 28 meeting.
The legislation, under which Denco operates, requires approval of its annual budget
from the majority of the participating cities and the county, in addition to approval from
the district's Board of Managers.
1 request that you review the district's financial plan and submit it to your city rouncil
for consideration prior to the end of the district's current fiscal year (September 30,
{ 1993). Please provide Denco with written notification of your council's action. 1 have
enclosed a sample resolution that you may wish to use.
Thank you for your attention to this matter and your support of the Denco Area 9.1-1
District.
Sincerely,
Mike Pe igo
Executive Director
Enclosure
M LPlcy
cc: John McGrane
l~ge~~aNo 9,3 -Q3~
DENCO AREA 9-1.1 DISTRICT
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FY 1993.1994 Financial Plan
A?c~allem~'~ _
SECTION I .r~
PREFACE
Letter from the Chairman
of the Board of Manawrs
Letter from the Executive
FISCAL YEAR 1994 FINANCIAL PLAN Director
SECTION 11
DISTRICT OVERVIEW
Background Information
Stmiure of the Denco Area
9.1.1 District
Mlsslon, Coale and
Objectives
SECTION III
FISCALYEAR 1993 REVIEW
FY 1993 Highlights
FY 1993 Budget Review
SECTION 1V
FISCAL YEAR 1994 FINANCIAL
PLAN
FY 1994 Objectves
FY 1994 Overvkw
Summary of Cost Classlficallons
0 SECTION V
C?+ SUMMARY OF ANTICIPATED
REVENUES AND PROPOSED
EXPENDITURES
+ 'S Schedule It Summary
+ Schedule 21 Revenues
Schedule 3: Expenditures
Schedule 4: Projections
nou WI~/Of1JOt1N®
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SECTION I
PREFACE
Letter from Chairman of the Board of Managers
Letter from Executive Director
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DENCO AREA 9 - 1 - 1 DIST-RIG
250 S. Stemmons, Suite 260, Lewisville, Texas 75067
Y Phone/TDD (214) 221-0911 FAX (214) 420.0709
July 16, 1993
Dear ParticipatingJurlsdictions:
Following this cover letter, you will find the budget as proposed by the Board of Managers of the
Denco Area 9.1.1 District. This agency has been providing the best of enhanced 9.1.1 coverage to
the participants of Its district since the system went live in 1990. You will see by reviewing the
budget that this is one of the most cost-effective services that Is available today.
In this budget, you will observe the long range planning that Is being done in order to contain the
cost of providing the best emergencycommunleationsnetwork that technology makes available. This
means that updating equipment to take advantage of electronic Innovations has to be constantly on
our minds. We feel a great responsibility to you to provide the most dependable and capable 89.1-1
network possible within the funds that come from our customers. By reserving funds for equipment
replacement, system expansion to accommodate growth, and the ultimate purchase of a iacility that
will house our administrative staff, we are looking to a future for the district thatwill avoid increased
funding requirements for as long as possible.
The budget before you will provide for one of the first upgrades In 9.1.1 technology that the district
has done. This upgrade will actually make the operation of the district mor- economically
strc. mllned, and will give our staff the ability to directly monitor the system's database. This is only
possible because of the approval of our customers that has been placed on past budgets.
Please feel free to call the District office or any of your board members If you have any questions
about this budget. We are scekingyour agency's approval of this document by September 30, 1993.
so your auentlon to this matter in a timely fashion will be appreciated.
Sincerely,
Cleo. Randy Corbi
Chairman of the Board
Enclosure
k
•S
k
n
AgenlOja No
Aallerni
DENCO AREA 9 - 1 - 1 DISTRICT
250 S. Stemmons, Suite 260, Lewisville, Texas 75067 T
Phone/TDD (214) 221-0911 FAX (214) 420-0709 July 16, 1993
Dear Participating Jurisdictions:
During the past 12 months, the Denco Area 9-1.1 District has provided the equipment, network and
database information to facilitate the answering of nearly 98,0009-1.1 calls throughout the district.
The district has also provided the public information about the availability and proper use of 9.1-1
by partic ting in public events, distributing information in public buildings and schools, and
speaking at various functions. Denco has also trained numerous city and county personnel in the
use of the 9-1.1 equipment and the Tclecommunication Device for the Deaf (TDD).
In addition to the previous on-going services provided by the district, Denco funded Emergency
Medical Dispatch training for tclecommunicators from several 9.1.1 answering points in Denton
County. This training has allowed call takers to provide pre-arrival instructions to callers assisting
with childbirth, administering CPR, performing the Heimlich maneuver on a choking victim, and
other cases while an ambulance was in route to the scene.
These services are made possible by funding provided by the 9-1-1 emergency serv ice fee on
individual subscriber's telephone bills. Denton County is fortunate to have one of the lowest rates
in the state. Growth in the county is providing the expanded base necessary to keep the fee at its
low rate of three percent.
Enclosed is the Denco Area 9-1 -1 District proposed FY 1994 Financial Plan for your review and
consideration. The plan provides for a long term approach to fiscal responsibility, maintaining a
fund balance that will protect the district should emergency needs occur. The plan also provides for
short term financial needs that will allow the district to achieve its goals for the next year.
'Thank you for your continued support of the Denco Area 9.1-1 District. If the district can ever be
of assistance, please do not hesitate to tail.
Sincerely,
Mike Pedigo
Executive Director
Enclosu re
I
tret!daPJo ~ '"4..30
a~E*dahe, S
C~;e 39
SECTION II
DISTRICT OVERVIEW
Background Information
Structure of the Denco Area 9-1-1 District
Mission, Goals and Objectives
I
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DENCO AREA 9.1-1 DISTRICT
District Overview
Background Information
What is E9-1-1?
Enhanced Nine-One-One (E9-1-1) is a single, easy-to-remember number to be used
when reporting emergencies to fire, police and emergency medical service prodders.
The E94-1 system, operational in the Denco Area 9-1.1 District, is designed to
automatically route any 9.1.1 call, placed within the district's geographical boundaries,
to the proper public safety answering point (PSAP) responsible for dispatching
emergency services to the caller. The district serves the City of Carrollton and all of
Denton County, except for that portion of the City of Dallas within the Denton County.
9-1.1 T'erminolg.U
ALWAYS pronounced nine-one-one instead of nine-eleven to avoid possible
confusion when dialing the number. Nine-one-one is an easy-to-remember, easy-to-dial
three-digit emergency telephone number developed to provide citizens a reliable, fast,
convenient way to access fire, police, or medical service providers in the event of an
emergency.
District. The Denco Area 9.1-1 District was formed f, Ilowing an August, 1987
special election in which 81~Jo of the votes were in favor of its creation. The district is
governed by a Board of Managers.
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District Overview
Page 2 ~d ~37
E9-1-I. The system operational in Denton County that provides selective routing,
ANI and ALI (defined below).
PSAP. Public Safety Answering Point. The location of the equipment used to
answer 9-1.1 emergency calls. The following are the nine (9) PSAPs that currently
answer 9.1-1 calls in the Denco Area 9-1-1 District:
City of Carrollton Police Department City of Lake Dallas Police Department
City of Denton Police Department City of Lewisville Police Department
Denton County Sheriff's Office City of The Colony Police Department
City of Flower Mound Police Department UnNersity of "orth Texas Police Department
City of Highland Village Police Department
Selective Routine. Provides automatic routing of 9-1-1 calls to the appropriate
PSAPwithout the caller having to make the de+ermination of which public safety agency
to call.
ANI. Automatic Number Identification. Allows the caller's telephone number to
be displayed on a console at the PSAP.
AL I. Automatic Location Identification. Allows the caller's name and address to
be displayed on a screen at the PSAP.
Data Base. The prerecorded information or data that describes a collection of items.
For 9-1.1, these items are the caller's name, address and telephone number as well as
the emergency service providers designated to respond to the caller's address.
Telecommunicator. An operator trained to answer 9-1.1 calls.
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District Overview 02ta i
Page 3 11P7
Benefits of E911
The E9-1.1 system has enhanced the ability of emergency service providers to save the
lives and property of citizens in Denton County and the City of Carrollton. Some of the
benefits of the emergency communications system provided by Denco are the following;
Only one three-digit number (not many seven digit numbers) to remember in an
emergency situation.
The 9-1-1 call is routed to the proper agency responsible for dispatching help to
the caller.
9-1-1 calls are answered by trained telecommunicators.
The caller's name, address and telephone number, as well as the proper fire,
police and emergency medical service designated to respond to the caller's
address, is automatically provided to the telecommunicator, thus reducing total
response time.
ANVALI information provides a means to control and reduce prank calls.
The public education programs associated with E9-1.1 promotecitizen awareness
and involvement with emergency service providers.
The E9.1-1 system enhances local governments ability to meet the ever growing
public expectations of emergency services created by popular television
programming.
Structure of the Denco Area 9-1-1 District
Legislation
During its 1985 legislative session, the 69th Texas Legislature passed Article 1432e,
Emergency Telephone Number Act, which provided for the creation, administration,
expansion, funding and dissolution of emergency communications districts in certain
counties in Texas, The Emergency Telephone Number Act is the legislation by which
the Denco Area 9.1.1 District operates.
Aa~o~a rlo R3 -43a
Agcedaltertl.,.~~~
District Overview C-' 3
Page 4 /a
Purpose. Article 1432e states the purpose of the Act to be the following:
To establish the number 9-1-1 as the primary emergency telephone number for use by certain
local governments in this state and to encourage units of local governments and combinations
of those units of local gove,nment to develop and improve emergency communication procedures
and facilities in a manner that will make possible the quick response to any person calling the
telephone number 9-1.1 seeking police, fire, medical, rescue and other emergency services.
Creation of Denco Area 9-1-1 District
On August 8, 1987, Denton County held a special election to confirm the creation of the
Emergency Communications District of Denton Countyand authorize a 9-1-I emergency
service fee, not to exceed three (3%) percent of the base rate of the principal service
supplier per service year per month, to be charged by the Emergency Communications
District of Denton County, excluding the portion of the City of Dallas. By a margin of
13,086 to 3,024, the voters favored the creation of the Emergency Communications
District of Denton County.
After the special election, the city and county governing bodies within Denton County
passed resolutionsof participation in the Emergency Communications District of Denton
County. The resolutions stated that the city or county would become a participating
jurisdiction in the district pursuant to the provisionsof the Emergency Communications
District Act.
e
Agenda Na_,.Q,
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District Overview C ; 3 n~
Page 5 /337
The participating jurisdictions of the district are the following:
Argyle Hackberry Little Elm
Aubrey Hebron Marshall Creek
Bartonville Hickory Creek Northlake
Carrollton Highland Village Oak Point
Copper Carryon Justin Pilot Point
Corinth Krugerville Ponder
Corral City Krum Roanoke
Cross Roads Lake Dallas Sanger
Denton Lakewood Village Shady Shores
Double Oak Lewis%ille Ile Colony
Flower Mound Lincoln Park Trophy Club
Rural Denton County
On December 8, 1987, the district's Board of Managers ordered the levy and collection
of the emergency fee to commence with the January, 1988 billing cycle. The Board
ordered the service fee to be collected by the telephone companies to be charged at a
rate of three (3%) percent of the base rate of GTE Southwest. The emergency service
fee for basic levels of telephone service charged to customers in the district were capped
at $.27 for residential customers, $.71 for business customers and $1.13 for trunks.
On June 28, 1988, the Board of Managers named the Emergency Communications
District of Denton County, the Denco Area 9.1-1 District.
Structure
Board of Managers. The Board of Managers is the governingbody for the Denco Area
9-1.1 District. The Board is appointed by the county, participating cities and the Denton
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District Overview
Page 6
County Fire Chiefs Association. The current Board of Managers is the
following:
Board Member Represents
Chief George R. (Randy) Corbin, Chairman Denton County Fire Chiefs Assoc.
Jim Feiguson, Vice-Chairman Denton County Commissioners Court
Olive Stephens, Secretary Participating Cities
John McGrane Participating Cities
Dr. Allen Groff Denton County Commissioners Court
Melvin Willis GTE, Advisory
Board Members serve staggered two-year terms and are eligible for re-appointment.
The Emergency Telephone Number Act states "the board shall manage, control and
administer the district. The board may adopt rules for the operation of the district."
The legislation also allows the Board to appoint a d:;ector of communications (executive
director) for the district who serves as its general manager. The director, with approval
from the Board, provides the staffing necessary to carry out the purposes of the
Emergency Telephone Number Act.
Operations. The Denco Area 9-1.1 District's staff is responsible for performing all the
duties that may be required for the district to accomplish its mission within the
framework provided by the Board. The district has five staff members, each with
specific areas of responsibility. The organizational chart of the Denco Area 9.1.1
District is the following:
.
Agon?aNo
Ag~ntlaltem,,.
Ctla_._.~ -3
District Overview ~5~y.37
Page 7
Board of Manage!-CR9wpUonIst
Executive Executive ~~Y Director
Public Education/
Operations
Training Manager Manager
Mission. Goals and Objectives
Mission
The Denco Area 9-1-1 District has defined as its mission:
To establish and maintain 9-1.1 as the primary emergency telephone number for the
Denco Area 9.1-1 District and enhance the ability of local governments to respond to
calls for emergency help.
Goals and Objectives
Each of the operational areas of the Denco Area 9.1-1 District's organizational structure
has an identified goal and a list of specific ongoing objectives required to accomplish the
goal. The achievement of these goals will enable the district to accomplish its mission.
Hoard of h1anagers. The Board of Managers' goal is to provide the policy, direction
and control mechanisms necessary to assure that the Denco Area 9.1.1 District
AgerdaMo 3
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District Overview
Page 8
accomplishes its mission within the financial resources provided by legislation. Ongoing
objectives are the following:
- Represent the interests of member jurisdictions, emergency service
users in defining district's mission, goals and objectives. Providers and
- Provide the policies and direction required to set a definite course for decision
making.
- Monitor the financial position of the district to assure long term stability.
- Remain abreast of changing operations, public education and training issues.
Evaluate requests for special projects; insuring that the Board's ?coon falls within the
scope of the District's financial plan and mission statement.
- Evaluate the effectiveness of the executive director in managing the operations of the
district.
Administration. The Executive Director's goal is to manage the Denco Area 9.1-1
District in an objective, efficient, cost-effective and responsive manner. Ongoing
objectives are the following:
Administer the Denco Area 9.1-1 District, and the public funds entrusted to it, in a
manner that assures compliance with applicable legislation.
- Implement the directives and policies of the Denco Area 9-1-1 District Board of
Managers.
- Provide 9.1.1 service in a cost-effective manner through research, planning and
efficient use of 9.1-1 service fees.
- Monitor legislative issues that may have impact on the funding and/or operation of
the district.
- Represent the district at local, state, and national meetings when appropriate.
- Prepare and manage the district's operating budget in a manner that provides
financial stability.
- Provide the staff support necessary to accomplish the training, public education and
operations goals.
- Evaluate the effectiveness of the district staff in accomplishing individual and district
goals and objectives.
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District Overview
Page 9
/7Y37
- Remain abreast of current technology that may provide short term or long term
enhancements to the network.
- Represent Denco in discussions and negotiations with telephone companies serving
the district.
- Actively encourage communication and interaction among emergency service
providers, member jurisdictions, community groups and the Denco Area 9-1 1
District.
- Prepare and distribute monthly Board of Managers agendas, providing the Board
with the information required to make informed decisions.
Public Education. The Public Education Manager's goal is to inform }potential users
about the availability and to promote the pro, er use of the 9-1.1 system. Ongoing
objectives are the following:
- Design and implement effective 9-1.1 public information and education programs
that focus on the specific needs and special interests of targeted groups including
those with communication and language barriers.
- Seek opportunities for presentation of 9.1-1 information through a variety of
community outlets.
- Provide support, acknowlegement and recognition of the significant contribution
made by district telecommunicators.
- Assist with the development of school curriculum materials concerning handling of
emergency situations.
Trams. The Training Manager's goal is to provide a program that enables PSAP
personnel to effectively use the 9-1-1 system. Ongoing objectives are the following:
- Offer initial ani ongoing training for district telecommunicators on a regular basis
with attention to special needs.
- Assure that training programs sponsored by Denco meet or surpass state and
national standards and provide telecommunicators with professional development
opportunities.
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District Overview
Page 10
- Develop, update and distribute training materials and information about training
opportunities.
- Monitor training issues, enhancements and trends, evaluating and recommending
those beneficial to the district.
Operations. The Operations Manager's goa`, is to provide the most effective and
most technologically-advanced 9-1-1 system possible within the d'istrict's available
resources. Ongoing objectives are the following:
- Provide a dependable voice and data network that wiii, during normal peak demand,
route all 9-1-1 calls to the correct public safety answering point (PSAP).
- Monitor statistical data and error reports; recognizing any trends that may indicate
database or network problems.
- Monitor the use of the 9-1-1 system; identify, research and implement measures that
make the system more efficient and effective.
- Facilitate the flow of information between member jurisdictions, public safety
answering points, and telephone companies in a manner that will achieve a database
accuracy level of 990/c.
- Evaluate the needs of each PSAP as they relate to the entire district and recommend
9.1-1 equipment that best matches the PSAP's and district's requirements.
i
SECTION III
FISCAL YEAR M REVIEW
FY 1993 Budget Highlights
FY 1993 Budget Review
i
DENCO AREA 9.1.1 DISTRICT J
Fiscal Year 1993 Review
I
During Fiscal Year 1993 (October 1, 1992-September 30, 1993), the Denco Area 9-1-1
District has already accomplished many of the objectives it outlined in its operating
budget submitted last August for consideration by participating jurisdictions.
FY 1993 Nigt lights
Some of the accomplishments of the district during the past 12 months are the following;
Provided the equipment, network and data for 97,7719-1-1 calls to be answered
by telecommunicators with 90.6 percent being answered within five seconds.
Maintained a database accuracy of 99.1 percent.
Provided additional signs to be placed at strategic locations notifying the public
of the availability of 9.1-1 service.
Secured from the state and provided each PSAP with an additional
Telecommunication Device for the Deaf (TDD) to answer calls from the
hearing/speecb impaired citizens, to assure compliance with the Americans with
Disabilities Act (ADA).
Added answering positions at the Carrollton and Denton County Sheriffs Office
PSAPs.
Developed and implemented a contingency plan for default and diverse routing
of 9.1.1 calls in the event of failure at %uty single point in the 9-1.1 network.
Successfully completed the conversion of the lake Dallas PSAP from a secondary
to a primary PSAP.
Participated in a customer record s-:Jxommittee that made recommendations to
the State-wide Database Users Group and the telephone companies on ways to
facilitate the flow of information between Districts/COGs and the telephone
companies and to improve the 9-1-1 database integrity.
Distributed over 34,000 educational posters to students, kindergarten through
fifth grade, throughout the District.
Delivered the "94-1 Learning Unit" to 197 classrooms in schools throughout the
district.
Participated in 15 community/school health and safety fairs.
- Recognized the accomplishments and dedication of the district's
telecommunicators during National Telecommunicator V►eek (April) and 9.1-1
Day (September).
lop,
Fiscal Year 1993 Review a /
Page 2
Mad. 9-1.1 educational presentations at nine area schools including special
presentations for area deaf students.
- Established a task force which considered the implementation of an emergency
medical dispatch (EMD) training program which would allow telecommunicators
to systematically assess calls, provide pre-arrival instructions in limited situations
and more accurately update ENIS responders.
- As a result of task force recommendations, funded Medical Priority Dispatch
System EMD training classes for participating agencies: Denton Police
Department, Denton County Sheriff's Office, Flower Mound Police Department,
Lewisville Police Department, The Colony Police Department, Highland Village
Police Department, Lake Dallas Police Department and University of North
Texas Police Department. By the end of the fiscal year, 61 telecommunicators
and management personnel will have attended classes.
Worked closely with the Emergency Medical Dispatch Implementation
Committee to develop Quality Improvement (QI) and Continuing Dispatcher
Education (CDE) program recommendations.
Provided basic telecommunicator training for 20 new telecommunicators and
Telecommunication Device for the Deaf (TDD) training for 51 students.
- Established communicationwith deaf communityand organized a Citizen Support
Team of TDD users who regularly call 9.1-1 to provide dispatch centers with
TDD practice.
FY 1993 Budget Review
The approved Fiscal Year 1993 Financial Plan provided for a decrease in fund balance
by 51 percent. Due to the increase ;n revenues and decrease in proposed expenditures,
the end of year fund balance is estimated to be only 11 percent less than the beginning.
Denco also began FY 1993 with a greater fund balance than projected.
The decrease in expenditures was primarily due to the failure to purchase a network
switching system and land. At the present time, no vendor has proposed a system that
meets the criteria the district requires. Denco is continuing to search for a landern
switch and centralized database that meets its specifications and has budgeted for the
purchase of the system in its FY 1994 rinancial Plan. Denco is continuing the search
for property that meets its parameters.
The district also expects that its personnel and operational expenditures will be less than
budgeted. The district restructured its staff to adjust to the current and projected
Fiscal Year 1993 Review r~ ~37
Page 3
workload. This change is estimated to reduce the FY 1993 personnel costs by 3.8
percent. The district's estimated operational costs are expected to be approximately 7.3
percent less than projected.
Direct Services are estimated to be 3.2 percent more than projected in the FY 1993
plan. The primary reason for the expenditures to be greater than projected is a change
in the database rate for GTE. The monthly rate per customer for database service
increased due to a tariff change. The increase in subscribers also increased the cost
proportionally.
The overall Fiscal Year 1993 Financial Plan compared to estimated actual revenues and
expenditures follows:
FY 1993 FY 1993
Budget estimate Variance
Beginning of Year Fund Balance $469,892 $487,319 3,71%
Revenues
Net 9-1.1 Service Fees 720,396 763,47E 5.98%
Interest 20,000 16,873 •15.64%
Other 350
Total 740,396 780,694 5.44%
Expenditures
4 Personnel 111,563 203,430 •3.84%
Operations 95,852 88,820 •734%
Direct Services 457,714 472,368 3.20%
Capital Expenditures 215.000 .85,313 60,32%
i
Total 980,129 849,931 •13,28%
End of Year Fund Balance 5230.159 5918.092 81.65%
SECTION IV
FISCAL YEAR 1994 PLAN
FY 1994 Objectives
i
FY 1994 Financial Plan Overview
Summary of Cost Classifications
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DENCO AREA 9.1.1 DISTRICT a~~/37
Fiscal Year 1994 Financial Plan D
FY 1994 Objectives
As the Denco Area 9-1-1 District approaches its fourth year of system operation, it has
defined objectives that will dictate budgeting priorities for FY 1994. Listed below are
specific short-term objectives the Board of Managers have identified that will be
required in Fiscal Year 1994 for Denco to meet its ongoing objectives and goals and,
therefore, its mission.
Board of Managers
• Evaluate the long term cost/benefit of the district's purchase and installation of
digital switching equipment and a centralized GTE database in an effort to
decrease recurring costs.
Evaluate requests for special projects in a manner that will both be responsive to
district needs and maintain financial stability.
Evaluate current policies and make necessary changes for the provision of
equipment at Public Safety Answering Points {PSAPs}.
Provide direction for ongoing long range planning for the Denco Area 9-1-1
District.
Be represented at the 1994 fall meeting of the Texas Emergency Number
Association and the annual meeting of the National Emergency Number
Association.
Evaluate independent feasibility study related to consolidation and consider
Denco's role in any consolidation effort.
Administration
Provide all the information necessary to Board of Managers to make informed
decisions.
Make recommendation to Board of Managers on any special requests based on
specific needs.
• Make recommendation for PSAP location policy based on future technology,
costs and political considerations.
• Develop and present a long range plan for the Denco Area 9-1.1 District.
Facilitate feasibility study for the combining of communication resources.
FY 1993 Objectives
' Page 2
Training
• Provide staff support to PSAPs participating in the EMD Quality Improvement
and Continuing Education Committee.
Sponsora specialized training seminar that provides telecommunicators with tools
to enhance their ability to respond to 9-1.1 calls.
Evaluate emerging technology and its impact on district training needs.
Work with state officials to provide TCLEOSE credit for telecommunicators
attending classes provided by the district.
Coordinate the Citizen Support Team program for telecommunicators to
regulrrly practice responding to TDD calls.
Public Education
- Publish and distribute six issues of the district newsletter.
In conjunction with the completion of the county's rural addressing project,
develop a public education program focusing on the need to display addresses so
that emergency responders can easily identify the location of an emergency.
Enhance the 9-1.1 Learning Units with a simulated dispatch center, promote its
use and seek feedback on its effectiveness.
Develop and implement a public information campaign focusing on the safety
concerns of senior citizens.
Develop a public education campaign targeting businesses and schools that must
dial "9" to get an outside line.
• Review results from the statewide 9-1-1 market research study, utilizing
appropriate information to identify target groups for any future public education
emphasis.
Operations
Provide the coordination required to efficiently and effectively implement the
Enhanced 9-1.1 system in the unincorporated areas of Denton County.
Work with Denton County in the development of a maintenance program for the
county's addressing system.
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Page 3 alv .37
Monitor the 911-B forms, error reports, etc, to identify database problems and
to ensure that the proper procedures are in place to insure the 9-1.1 database
accuracy of at least 99%.
Focus on developing expertise in telephone network and technologyand its effect
on the district's operations.
Evaluate different technologies in TDD detectors and recommend specific
detectors that will best meet the needs of each PSAP.
• Evaluate the cost/benefit of converting the District's network .o digital switching
and a centralized database. Develop specifications for the implementation and
operation of a centralized GTE database with specialized emphasis on aduit
capability.
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FY 1994 Financial Plan Overview
a~ 737
Summa
The Fiscal Year 1991 Financial Plan provides the funding for Denco to meet both the long
term and short term goals and objectives that have been discussed in this document.
The plan provides for significant steps toward long term financial stability with the purchase
of new technology that will help offset increases in future costs and provide a network
compatible with future digital technology. The plan also allocates funds for the purchase
of land for future district administrative offices a-d training facilities.
Financially, the FY 1994 Proposed Financial Plan projects an increase of 6.95 percent above
the FY 1993 Financial Plan in its fund balance at the end of the fiscal year. The growth of
Denton Cou nty continues to broaden the base of financial support for the Denco Area 9.1.1
District.
Schedule 1 summarizes the proposed budget as compared to the FY 1993 financial plan.
tici ated evenues
Revenues for the Denco Area 9- 1-1 District are projected to be 9.36 percent greater than
those projected in the FY 1993 budget. This is primarily due to the 11.01 percent increase
in projected 9.1.1 service fee revenue. Denco is fortunate to be experiencing the growth
in service fees that reflect the growth in the district,
Interest revenue is projected to decrease by 50 percent primarily due to the planned
decrease in the district's fund balance and declining interest rates.
Schedule 2 provides the projected revenues for FY 1994.
Proposed Expenditures
Expenditures in FY 1994 are proposed to increase over the FY 1993 budget by 3.01 percent.
Personnel costs are projected at 0.23 percent above FY 1993 budget. Total salaries
budgeted include a 1,35 percent increase over the FY 1993 Financial Plan. Benefits costs
reflect an 8 percent decrease and Other Personnel Services are increased by 220 percent to
a total of $3200. The increase in Other Personnel Services is because of an increased use
of temporary services, thus decreasing benefit costs.
Operation costs are proposed to increase at a modest 0.67 percent.
Direct Services costs are projected to increase by 26.93 percent. The major increase in this
budget category reflects both a new tariff rate for database services and increased growth
in the district. The cost for services is directly proportional to the number of subscribers
served.
FY 1994 Financial Plan Overview
Page 2
Public Education also reflects an increase of 27.47 percent. 'Ile primary reason for this
increase is additional focus on back to school promotions, adult promotions and a "9"9.1.1
focus. The FY 1993 budget was a decrease of 41 percent from the FY 1992 plan. The
district wishes to place a higher emphasis on Public Education in FY 1994.
The training budget for FY 1994 reflects an increase of 219.23 percent. 66 percent of the
training budget is planned to go directly back to the cities and county that are participating
in the Emergency Medical Dispatch program. The remaining 33 percent will be used to
provide specialized training seminars directed at identified needs and to enhance ongoing
programs. This will complete the commitment that Denco has made to jurisdictions
participating in the Emergency Medical Dispatch program.
Denco is anticipating a decrease in its capital expenditures of 44.26 percent. In FY 1993,
the district upgraded the Lake Dallas answering point from secondary to primary, pro:rided
EMD training and purchased additional equipment for existing answering points. In its
proposed FY 1994 Financial Plan, Denco plans to purchase a tandem switch for network
enhancement but expects to use the savings from existing recurring costs to offset the
purchase price. The district also has budgeted for the purchase of land for future offices
and training facilities.
In response to inquiries from participating jurisdictions, Denco has included a feasibility
study in its FY 1994 plan to look at the possibility of combining answering points in future
years. The district also has budgeted for additional equipment to handle growth at existing
answering points.
The Denco Board of Managers has resolved to maintain a fund balance of not less than
$200,000. This balance will provide a financial cushion should any emergency occur. The
Board also has restricted part of that fund balance to be used for the building of future
offices and training facilities and the replacement of PSAP equipment.
Schedule 3 reflects the proposed budgeted amounts for each line item.
Fund Balance Projections
Schedule 4 provides a framework for planning future financial needs and the resources
available. The spreadsheet reflects the list of assumptions that follow Schedule 4.
I
,,,a°y No
Abl~u
.
Arsadaltem
SUNUNIARY OF COST CLASSIFICATIONS a~.9 7
Fiscal Year, 1994 Budget
I
5103 PERSONNEL
Includes all district staff salary and benefit costs, costs of temporary employees, and fees paid
to agencies for temporary petsonnel services.
5200 OPERATIONS
Includes operational costs to provi 'e continued 9.1.1 emergency network support services
to the District.
52t0 Comrrnunications
Includes the telecommunication, printing/publishing and postage/shipping costs
necessary for the District to disseminate information.
Telecommunications costs Include telephone, facsimile, pagers and other
telecommunication line charges, lease payments, local and long distance service and
system maintenance.
Printing/publishing Includes all costs of outside printing, binding, collating, design,
layout, photography, art work, and similar costs related to the preparation and
publication of printed matter, video presentations. This also Includes the purchase
and reproduction costs of maps.
Postage/shippingincludes all postage, postal insurance, freight, delivery, postal meter
rental and other related costs except when postage/shipping are included In the total
purchase price of a specific item.
5220 Supplies
Includes the costs of routine expendable office supplies such as inns, pencils, ribbons
and all computer and copier paper. Supplies also includes costs associated with
hosting meetings, special recognition, cxpressfon of congratulations and sympathy and
i other miscellaneous costs. This also Includes minor equipment with an acquisition
cost of less than $300.00 ni a life expectancy of less than one (1) year,
$230 Professional Scrvfces
Includes the cost of legal fees, accounting services, independent avdit and other
professional services. Also includes professional development costs authorized for
i
rlt^iCa'iem
Sumn•.ary of Cost Classifications
FY 1994
Page ?
conference registration, non-transferable professional membership, tuition
reimbursement, reimbursement paid to new employees as part of recruitment
agreement, and staff training.
5240 Office Snace/E ui men
Includes all office and maintenance payments and any costs for temporary offices,
storage space or similar facilities. Also includes the lease or purchase and
maintenance equipment,
an fe expectancy of more than one (1)
cost greater than $300.00, and a l i
year.
5250 Memberships§uhscrlptions
memberships organizations
such as Includes Individual uNENA and rAPCO al Individual professional
considered "professional development" if they are not transferable between staff
members. Includes subscriptions to newspapers, periodicals, information services,
and the purchase or rental of books, videos and recordings.
5260 a ntis!n
Includes cost of public service announcements, required legal notices, public
meeting notices, solicitation for bids. Job announcements, and similar other cost
related to the mec,'a.
5270 Insurance
Includes ali liability, casualty, fidelity, notary bonds or Insurance for Denco Area
9-1.1 District board members, employees and property,
5280 Travel Auto
Includes costs such as, but not limited to, mileage reimbursements, airfare, food,
lodging, local transportation, parking, telephone, etc. when such costs arc reasonable
and v hen they are incurred! i conjunction with Board and authorized staff travel or
official business within the district, Also includes allowance for professional staffs
use of personal auto while conducting district business within the mctroplex.
North NO
4oc taltem
Summary of Cost Classifications
FY 1994 v
Page 3
5300 DIRECT SERVICES
Includes all costs attributed directly to Denco's 9.1.1 Network.
$310 PSAP F4uinment and Service
Includes monthly recurring costs for 9.1.1 equipment and service. Also includes
minor installation or replacement of equipment and materials owned by Denco at
PSAPs.
5320 FA c Education
Includes costs for signage, coloring books, decals, phone stickers and other public
education materials distributed throughout the District. Also includes costs for
special functions such as tefccommunicatos week recognition, 91•1 Day activities,
c'c.
5330 Tranin¢
Includes costs for materials, equipment and space rental, guest speakers, etc.,
associated with meeting the training needs of 9.1.1 call-takers. Also Includes
expenditure for equipment and materials that provide PSAPs with better personnel
selection tools.
5400 CAPITAL FUND ALLOCATIONS
5410 Capital Expsnditures
Includes capital expenditures for designated special projects for the current budget
year.
5450 Restricted Funds
Includes funds that are set aside for special projects in future years.
i
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Date
SECTION V
ANTICIPATED REVENUES AND PROPOSED
EXPENDITURES
Schedule L Summary of Anticipated Revenues
and Proposed Expenditures
Schedule 2: Anticipated Revenues
Schedule 3: Proposed Expenditures
Schedule 4: Fund Balance Projections
List of Assumptions
I
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Agenda No __1.3-a322
Agendaita►r, S ,o
We___ 3
SCHEDULE 1
DENCO AREA 911 DISTRICT OPERATING BUDGET
' 8umniary'ot AntfcMpaled Revenues and proos~d ~c~sr'dlt~res
a Y ar °1~4 • ,t
FJSC
PERCENT
f V~DALANO . a w
' FY 1.893„•. FY 1944E •<G~~i1Vt~i~.
BEGINNING OF YEARFUND BALANCE $469,892 $418,082 -11.03%
ANTICIPATED SOURCE OF REVENUE
9-1-1 Service Fee Revenue $720,396 $799,701 11.01%
Interest Revenue $20,004 $10,000 -5000%
Other Revenue H 1;4 WA
TOTAL ANTICIPATED REVENUE $740,396 $809,701 9.36%
PROPOSED EXPENDITURES
Personnel ($211,583) ($212,059) 0.23%
Operations ($95,852) ($98,497) 0.67%
Direct Services ($457,714) ($581,219) 26.96%
Capital Expenditures ($215.000) ($119.8481 _ 2 a
TO TALPROPOSED EXPENDITURES ($980,129) ($1,009,623) 3.01%
RESTRICTED FUNDS $Q $28.000 ILA
END OF YEAR FUND BALANCE $230,159 $246,160 6.9590
h
Agenda No_-9J--j0A9z1-
Agendattem, SCHEDULE 2 ~37
DENCO AREA 911 DISTRICT OPERATING BUDGET
Anticipated ReVenues a ' k
w Fiscal Yeai 1994
~ f964
f#CYNUG;SOUf'C PAtlP031:D sUO+aET.
9-1-1 SERVICE FEES
GTE $657,334 81.18%
Southwestern Ball $120,110 14.63%
Lake Dalian Telephone Company $19,860 2.45%
Sprint $19,854 2.45%
Less Administrative cost ($16,343) NIA
Less Uncollectible ($1,1131 bm
TOTAL NET TELEPHONE REVENUE $759,701 98.76%
INTEREST REVENUE
Invested Funds $9,000 1111%
Operating Funds $1 A00 12
TOTAL INTERESYREVENUE $10,000 1.24%
OTHER REVENUE
Miscellaneous Revenues Over Expenses 19 0.00%
TOTAL OTHER REVENUE $0 0.00%
TOTAL REVENUE $e09,7o1 100.00%
r
AgendaNo_''~
SCHEDULE 3 Agendaffie
DENCO AREA 911 DISTRICT OPERATING Bdd 37
q~i t P > ' e ~7 ~OP~/S~Oe4{J. F'^'a r~!1?AN* i ~ W ~ ^ r d
Rif rrg xa w,?'+ x°. ."w , .,'PI ~E '.o p ~rN iF Via, y s" rk ~ C e riIAY V~.
PERSONNEL
5110 Salaries $165,101 16,46%
5120 Benefits $43,768 4.33%
6130 Other Personnel Services $3.200 0,329b
TOTAL PERSONNEL $212,059 21.00%
OPERATIONS
5210 Communications
5211 Telecommunications $9,520 0.94%
5212 Printing $1,755 0.17%
5219 PostsgaShipping $1,938 0.19%
5220 Supplies $3,385 0.34%
6230 Professional Services
6231 Legal Services $9,000 0.894
5232 Accounting Services $800 0.06%
5233 lndepeedant Audit $2,500 0.25%
5254 Professional Development $4,625 0.46%
6235 Other Professlonat Services $1,000 0.10%
5240 Office Space/Equipment
6241 Olflce Space $24,000 2.3844
5242 EqulpmentlFurnishings $5,495 0.64%
5250 Member shipslSubscrlptions
5251 Memberships $1,225 0.12%
5252 Subscflpllons $680 0.07%
5260 Advertising $250 0.02%
$270 Insurance $5,026 0.50%
5280 Staff Travel
5281 Travel $14,600 1,44%
5282 Autr,Allowance $10.800 I1o7%
TOTAL OPERATIONS $98,497 9.66%
DIRECT SERVICES
6310 PSAP Equipment and Service $542,414 63.72%
5320 Public Education $22,205 2,20%
5330 Training $16.600 1.64%
TOTAL DIRECT SERVICES $581,219 67.5
CAPITAL FUND
6410 Capital Expenditures $91,948 9110%
6450 Restricted Funds $8 000 2..77%
TOTAL CAPITAL EXPENDITURES $119,848 11.87%
TOTAL EXPENDITURES $1,009.623 100.00%
SCHEDULE 4 AcendaNo_ ._~l. -GZ3
Agendalterl
DENCO AREA 911 DISTRICT OPERATING B0rbGEET- 3 046
F
`Fund Balance Pt6 04tIC;nS,' t_$tptte' Budgeted Plojeced PtdJected PrOjeptedPro)t!blecl
Pf~QJ~ `T,iDN$ ! , P PYt993 t=Yi994 F" 1995 W19,08" "!,:,y IFY1998,,
REVENUES NOTES
Net Service Fee Revenue M1 $763,471 $799,701 $831,669 $864,957 $899,555 $935,537
Interest Revenue $16,873 $10,000 $10,000 610,000 $10,000 $10,000
Other Revenue M 49 14 49 44 12
TOTAL REVENUE $780,694 $809,701 $641,689 $874,957 $909,555 $945,537
EXPENSES
Personnel 02 ($203,430) ($212,059) ($224,783) ($238,269) ($252,566) ($287,720)
Operations 03 ($68,820) ($96,497) ($99,392) ($102,374) ($105,445) ($83,608)
Direct Services
PSAP Equipment d Service M4 ($452,668) ($542,414) ($355,592) ($378,770) ($401,948) ($425,126)
Public Education M5 ($17,981) ($22,205) ($23,315) ($24,481) ($25,705) ($28,990)
Training 08 ($1,719) ($16,600) ($5,600) ($5,824) (58,057) ($6,299)
Capital Fund
Capital Expenditures
Lake Dallas PSAP ($54,875)
Tandem Switch s7 $0 $0 ($168,000) (877,000) ($25,000) $0
Land Purchase 08 (se=) (s50,000) $0 $0 $0 s0
Building 4'9 s0 $0 s0 ($38,000) ($94,908) ($94,906)
Other Projects 11`10 ($24,438) ($41,848) ($15,000) ($15,000) ($15,000) ($15,000)
Rastrlcled Funds
Building s0 ($18,000) (sle.000) $0 $0 $0
Equipment Replacement H ($10,000 1 (610,ooot [$10,0001 (L1S gm ($10.000)
TOTAL EXPENSES ($849,931) (s1,a:~,623) ($919,682) ($887,718) ($936,629) ($929,651)
Excess Revenues Over
(Under) Expenditures ($69,237) ($199,922) ($77,993) ($12,762) (s?7,074) $15,686
FUND BALANCE
Beginning of Year $487,319 9418,082 $246,160 $196,167 $183,408 $176,332
Revenues- Expenses ($69,237) ($199,922) ($77,993) ($12,762) ($27,074) $15,888
Restricted Funds
Building Reserve s0 $18,000 $18,000 $0 $0 $0
Equipment Reserve 8 ti-M slg.aog $10.000 $10.000 sip.
END OF YEAR
FUND BALANCE $416,082 $246,160 $198,167 $193,406 $176,332 $202,218
NON-RESTRICTED
FUNDS $418,062 $218,160 $10,187 $163,406 $136,332 $152,218
3
f
AgerdaND 111-42
_9:0e
DENCO AREA 9.1-1 DISTRICT Dated !
FY 1994 BUDGET 7~7
WORKSHEET
(Fund Balance Projections)
P y
.
l'sT° 0F.• ASSUMPTIONS
#1 Telephone company revenue will grow at a rate of 4% per year,
#2 Personnel costs wlll grow at a rate of 6% per year.
#3 Operations costs will grow at a rate of 3% per year.
#4 GTE access lines will Increase by 8,000 each year and SWB by 3,000. Denco will purchase
a tandem switch in FY 1994, decreasing recurring costs by $210,000 per year beglnning
In FY 1995.
#5 Public education costs will grow at a rate of 5% per year.
#6 Training costs will grow at a rate of 4% per year,
#7 Denco will purchase in FY 1994 a tandem switch and database system at a non-recurring
cost of $260,000. The system will be financed for three years beginning in FY 1995 at 8%
Interest,
#8 The district will purchase property for $50,000 In FY 1994,
#9 Denco will build a 4,000 square foot building in FY 96/97. The cost for the building, parking
and landscaping will be $360,000.
#10 After FY 1994, Denco will average $15,000 per year for capital projects throughout the
district.
W0
Aq~ndti
f~tl '
CITY COUNCIL REPORT
TOt Mayor and Members of the City Council
FROMi Lloyd V. Harrell, City Manager
SUBJECT: Resolution Authorizing the City Manager to Sign an
Agreement with the Texas Department of Transportation to
Receive Funding to Provide Transportation in the City of
Denton
DATE: August 31, 1993
RECOMMENDATIONt
Staff recommends approval of the resolution authorizing the City
Manager to sign an agreement with the Texas Department of
Transportation to accept funding for public transportation in
Denton.
BACKGROUNDt
The City of Denton has received a state grant not to exceed
$137,462 to provide planning, capital, and operating assistance for
transportation in Denton during the 1993-94 fiscal year. The
attached contract provides for the City to receive those funds to
provide public transportation in Denton.
SUMMARYs
The resolution authorizes the City Manager to sign a contract with
the Texas Department of Transportation to receive these grant funds
for the provision of public transportation in Denton. The contract
requires the City to provide services in accordance with state and
federal guidelines. This money will be passed through to SPAN as
the operator of the system. A contract with SPAN will be on the
City Council's agenda next month.
PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTED! -
Transit users in Denton (i.e. HandiHop/Elderly and trolleys), SPAN
i
Ape~da No
Apendelte S ~C_
Date
FISCAL IMPACTI a 119
The City will be receiving up to $137,462 from the State to be used
in the provision of public transportation in Denton. The City's
local match is based on a cash contribution of $56,826 of general
fund, plus City staff time that will count toward local match.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED,
L oyd V. Harrell
City Manager
Prepared byi /
at ~erine E. Tuck
Administrative Assistant
a
c~~woas~sesvuss,s
Agenda No
Apendalfa 6
Dated
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC
TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the United States Secretary of Transportation is
authorized to award grants for a mass transportation program of
projects and budget) and
WHEREAS, the State of Texas is authorized under 1EX. REV. CIV.
STAT. art. 6663b, to assist the City in procuring federal aid for
the purpose of establishing and maintaining public and mass
transportation projects; and
WHEREAS, the City of Denton desires to obtain public transpor-
tation funds from the State for the purpose of establishing and
maintaining public and mass transportation systems; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES;
SECTION r, That the City Manager is authorized to execute a
Public Transportation Agreement or; behalf o the City of Denton,
Texas, with the Texas Derartment of Transportation to aid in the
financing of public transportation, a copy of which is attached
hereto and incorporated by reference herein.
SECTION Ii. That this resolution shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTESTS
JENNIFER WALTERS$ CITY SECRETARY
Sys
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY S
A~eRdaNo~..~p,~~
RECIPIENT= City of Denton 7 ~3~
CONTRACT NUMBER: 514XXF4014
PROJECT NUMBER: TX94-0001( 18)
PUBLIC TRANSPORTATION CONTRACT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
T
by and HIS CONTRACT is made by and between the State of Texas, acting
hereinafter called the state, andn the of Transportation,
ofo Denton nhereinafter
called the Contractor.
W I T N E S S E T H
i
WHEREAS, the State is the administering agency for the State
Public Transportation Fund as pres•sribed by Article 66630,
V.T.C.S.; and
WHEREAS, the Contractor desires to obtain public transportation
funds from the State for the purpose of establishing and
maintaining public and mass transportation syatemst and
WHEREAS, the State is authorized under Article 6663b, V.T.C.S.,
to assist the Contractor in procuring federal aid for the purpose
of establishing and maintaining public and mass transportation
projects, hereinafter called the project; and
WHEREAS, the Texas Transportation commission passed Commission
Minute Order No. 101550 authorizing the state to enter into the
necessary agreements with the Contractor for funding public
transportation projects; and
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants hereinafter set forth, the parties hereby agree
PAL fgllows.
i
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a
AgandaNo~l1.3~ -
Apeadaltem, -
r..d~~3t .2~.
A G R E E M E N T
ARTICLE 1. CONTRACT PERIOD
This contract becomes effective on the final date of execution by
the State's Director of Public Transportation and shall terminate
on August 31, 1994 unless otherwise terminated or modified as
hereinafter provided. Termination of the Contract shall not
release the Contractor from the property management standards
outlined in Article 9 below.
ARTICLE 2. PROJECT DESCRIPTION
The Contractor shall undertake the public transportation project
as described in Attachment A and in accordance with the terms and
conditions of this Contract. Further, the Contractor shall
comply with the provisions of the Uniform Grant and Contract
Management Standards prepared in response to the Uniform Grant
and Contract Management Act of 1981.
The Contractor shall commence, carry on and complete the Project
with all practicable dispatch, in a sour?, economical and
efficient manner in accordance with the provisions of Attachment
A.
ARTICLE 3. COMPENSATION
A. The maximum amount payable under this Contract without
modification is $137,462.00. The State will reimburse the
Contractor for the authorized costs incurred in carrying out
this project which are further described in the budget
contained in Attachment A. The State's payment to the
Contractor is contingent upon the availability of Federal
and/or Stato appropriated funds. The State shall have no
liability for any claim submitted by the contractor or its
subcontractors, vendors, manufacturers or suppliers if
sufficient Federal or State funds are not available to pay
the Contractor's claims.
8. To be eligible for reimbursement under this Contract, a cost
must be incurred within the contract period specified in
Article 1 above and be included in the project budget
contained in Attachment A.
2
v
agenda No r1
agendaltenL,~'a5
C. Payment of costs incurred under this Contract is further
governed by cost principles outlined in applicable Federal
Office of Management and Budget (OMB) publications as
follows:
State or Local Governments OMB Circular A-128
Institutions of Higher OMB Circular A-133
Education and Other
Nonprofit Organizations
D. Costs claimed by the Contractor shall be actual net costs,
that is, the price paid minus any refunds, rebates or other
items of value received by the Contractor that have the
effect of reducing the cost actually incurred. In
particular, fares and other passenger revenues shall be so
identified on the Contractor's billing to the State.
E. All major items or equipment, as described in the capital
budget in Attachment A, shall be included in this contract
as direct costs. The Contractor hereby certifies that items
of equipment included in direct costs have been excluded
from the indirect costs.
F. Requests for payment are to be submitted to the State no
more frequently than on a monthly basis, except as noted
below, on invoice statements acceptable to the State.
Additional documentation to support all costs incurred
during the billing period may be required at the discretion
of the State. As a minimum, each billing must be
accompanied by a summary by budget line item which indicates
the total amount authorized for each line item, previous
expenditures, current period expenditures and the balance
remaining in the line item. The original invoice with
required documentation is to be submitted to the following
address:
Mr. James M. Huffman, P.E.
District Engineer
Texas Department of Transportation
P.O. Box 3067
Dallas, Tx 75221-3067
G. The State will make payment within thirty days of the
receipt of properly prepared and documented requests for
payment.
3
d
AG endaNo
Apdalta
Date 3
tea final rminationbilling dat swithin fo pecifie
f _ 3
R. The five contractor
d in
contract submit
f o'
days a of o the will
Article 1 above.
1. The contractor shall make payments promptly to all
subcontractors and suppliers. Failure to do so will be
for Contract
the c debts t of thg~e. The
State grounds shall not termination
be a responsible this
Contractor.
ARTICLE 4. CONTRACT AMENDMENTS
Changes in the scope, objectives, cost or duration of the
Project authorized herein shall be enacted by written amendment
approved mu tebe executedobyl
costsvincurred. Any additional work
both parties within the Contract period as specified in Article
1.
ARTICLE 5. SUBCONTRACTS
Any subcontract for professional services rendered by individuals
or organizations not a part of the Contractor's organization
shall not be executed without prior authorization and approval of
the subcontract by the State. Subcontracts in excess of $25,000
shall contain all required provisions of this Contract. No
subcontract will relieve the Contractor of its responsibility
under this Contract.
ARTICLE 6. RECORDS AND AUDITS
A. The Contractor agrees to maintain financial records,
supporting documents, statistical records and all other
records pertinent to this Contract.
B. The Executive Director of the Texas Department of
Transportation, the Texas State Auditor or any o2 their duly
authorized representatives shall have access to the records
described in Paragraph A above at all reasonable times during the
con set fort the tpurpose ofdmakinghaudits, examinations, excerptshandbelow
transcripts.
C. Financial records, supporting documents, statistical records
and all other records pertinent to the Contract shall be
retained for a period of three years from final payment,
with the following qualificationss
4
AflendaNa
Apendaite #
Date 3i
,
(1) If any litigation, claim or audit is started b ore ,
the expiration of the three-year period, the records
shall be retained until all litigations, claims or
audit findings involving the records have been
resolved.
(2) Records for nonexpendable property acquired in whole or
in part with State funds shall be retained for three
years after its final disposition.
(3) When records are transferred to or maintain^_d by the
State sponsoring agency, the three-year retention
requirement is not applicable to the Contractor.
D. The Contractor further agrees to include these provisions in
each negotiated subcontract.
E. Contractor audit procedures shall meet or exceed the single
audit report requirements outlined in Office of Management
and Budget (OMB) publications as follows:
State or Local Governments OMB Circular A-128
Institutions of Higher OMB Circular A-133
Education and other
Nonprofit organizations
ARTICLE 7, FINANCIAL MANAGEMENT SYSTEMS
The Contractor's financial management system shall meet or exceed
the requirements of the "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments"
(49 CFR 18). Those requirements include, but are not limited to:
A. Accurate, current and complete disclosure of the financial
results of each grant program in accordance with State
reporting requirements.
B. Records which identify adequately the source and application
of funds for grant-supported activities. These records
shall contain information pertaining to grant awards and
authorization, obligations, commitments, assets,
liabilities, outlays and income.
C. Effective control over and accountability for all funds
property and other assets. The Contractor shall adequately
i
5
AgeedaNo
Ageadalte
Date
1'
safeguard all such assets and shall assure that they are
used solely for authorized purposes.
D. Comparison of actual with budgeted amounts for each contract
and relation of financial information to performance of
productivity data, including the production of unit cost
information, whenever appropriate and required by the State.
E. Procedures for determining the eligibility for reimbursement
and proper allocation of costs.
F. Accounting records which are supported by source
documentation.
G. A systematic method to assure timely and appropriate
resolution of audit finding and recommendations.
ARTICLE 8. PROCUREMENT STANDARDS
Contractor procurement standards shall meet or exceed the
requirements of the "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments"
(49 CFR Part 18), including insurance and bonding requirements.
The Contractor shall have written selection procedures which meet
the minimum requirements of that document. The Contractor agrees
to comply with applicable Buy America requirements set forth in
Section 401 of the Surface Transportation Assistance Act of 1978
(P.L. 95-599) and the Federal Transit Administration's Buy
America regulations at 49 CFR 660. Tas Contractor agrees to
comply with the cargo preference requirements set forth in 46 USC
1241 and Maritime Administration regulations set forth in 46 CFR
381.
The State must concur in the award of all purchase orders for
nonexpendable personal property as defined in 49 CFR Part 18.
The Contractor will meet all obligations incurred in its
subcontracts with its equipment suppliers, to specifically
include the prompt payment of monies due the supplier upon
delivery of acceptable equipment. Should payment be delayed for
any reason, the Contractor agrees not to operate any equipment
that has been delivered without the express permission of the
equipment vendor and to lend it the same protection it would its
own equipment.
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ARTICLE 9. PROPERTY MANAGEMENT D `3
The Contractor agrees to comply with the property management
standards specified in the "uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local
Governments" (49 CFR Part 18), in its control, use and
disposition of property or equipment governed by those standards.
Further, the Contractor shall comply with the property management
standards adopted by the State in the Texas Administrative Code,
Title 47, Chapter 31. In the event that any project facility and
equipment are not used in the proper manner or are withdrawn from
public transportation services, the Contractor shall immediately
notify the state. The State reserves the right to direct the
sale or transfer of property acquired under this Contract upon
determination by the State that said property has not been fully
and/or properly utilized.
The Contractor shall maintain at least the minimum insurance on
all vehicles and other nonexpendable personal property as
required by the insurance regulations of the State of Texas. In
the alternative, contractor's subcontractor may maintain such
minimum insurance so long as the contractor and the State of
Texas are named as additional insureds on such policies.
Irrespective of coverage by insurance, unless otherwise approved
in writing by the State, in the event of lose or damna to
project property, whether by casualty or fire, the fair market
value will be the value of the property immediately before the
casualty or fire. Unless otherwise approved by the State, in the
event of loss due to casualty or fire, straight line depreciation
of the asset, based on the industry standard for a useful life,
shall be considered fair market value.
The Contractor shall not execute any lease, pledge, mortgage,
lien or other contract touching or affecting the State interest
in any project facilities or equipment= nor shall the Contractor,
by any act or omission of any kind, adversely affect the State
interest or impair its continuing control over the use of project
facilities or equipment.
The Contractor shall notify the State immediately of theft,
wreck, vandalism or other destruction of project-related
facilities or equipment.
ARTICLE 10. LABOR PROTECTION PROVISIONS
The Contractor agrees to undertake, carry out and complete the
Project under the terms and conditions determined by the
Secretary of the United States Department of Labor to be fair and
7
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equitable, to protect the interests of employees affected by g
hpl
Project and meeting the requirements of Section 13(c) of the
Federal Transit Act.
ARTICLE 11. CHARTER AND SCHOOL BUS OPERATIONS
A. The Contractor, or any subcontractor acting on its behalf,
shall not engage in charter bus operations outside the
Project area within which it provides regularly scheduled
public transportation service, except as provided under
Section 3(f) of the Federal Transit Act, 49 USC 1602(f), and
regulations pertaining to Charter Bus Operations, set forth
in 49 CFR Part 604 and any amendments that may be issued.
Any subcontract entered into under these regulations is
incorporated into this
Contract by reference.
B. The Contractor, or any subcontractor acting on its behalf,
shall not engage in school bus operations, exclusively for
the transportation of students or school personnel, in
competition with private school bus operators, except as
provided under Section 3(g) of the Federal Transit Act, 49
USC 1602(g) and regulations pertaining to School Bus
operations, set forth at 49 CFR Part 605 and any amendments
thereto that may be issued. Any subcontract entered into
under these regulations is incorporated into this Contract
by reference.
ARTICLE 12. MONITORING AND REPORTING
A. The Contractor shall submit quarterly performance reports
that provide as a minimum the following:
(1) A comparison of actual accomplishments to the goals
established for tho period.
(2) Reasons why established goals were not met.
(3) Other pevtinent information including, when
appropriate, analysis and explanation of cost overruns
or high unit costs.
B. The Contractor shall promptly advise the State in writing of
events which have a significant impact upon the Contract,
including:
8
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Problems delays or adverse co d ~3 7
(1) ~ n itions which will
materially affect the ability to attain program
objectives, prevent the meeting of time schedules and
goals, or preclude the attainment of project work units
by established time periods. This disclosure shall be
accompanied by a statement of the action taken, or
contemplated, and any State assistance needed to
resolve the situation.
(2) Favorable developments or events which enable meeting
time schedules and goals sooner than anticipated or
producing more work units than originally projected.
ARTICLE 13. DISPUTES
A. The Contractor shall be responsible for the settlement of
all contractual and administrative issues arising out of
procurements entered in support of contract work.
B. The State shall act as referee in all disputes regarding
non-procurement issues, and the State's decision shall be
final and binding.
ARTICLE 14. REMEDIES
Violation or ureach of contract terms by the contractor shall be
grounds for termination of the Contract and any increased cost
arising from contractor's default, breach of contract or
violation of terms shall be paid by the Contractor.
This agreement shall not be considered as specifying the
exclusive remedy for any default, but all remedies existing at
law and in equity may be availed of by either party and shall be
cumulative.
ARTICLE 15. TERMINATION
A. The State may terminate this Contract at any time before the
date of completion whenever it is determined that the
Contractor has failed to comply with the conditions of the
Contract. The State shall give written notice to the
Contractor at least seven days prior to the effective date
of termination and specify the effective date of tarmination
and the reason for the termination.
B. If both parties to this Contract agree that the
continuation of the Contract would not produce beneficial
9
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results commensurate with the further expenditure of funds
the parties shall agree upon the termination conditions,
including the effective date. In the event that both
parties agree that resumption of the Contract is warranted,
a new contract must be developed and executed by both
parties.
C. Upon termination of this Contract, whether for cause or at
the convenience of the parties hereto, the State shall
retain unlimited and royalty free usage rights of all
finished or unfinished docum nts, data surveys, reports,
maps, drawings, models, photographs, etc., prepared by the
Contractor.
D. The State shall compensate the Contractor for those eligible
expenses incurred during the contract period which are
directly attributable to the completed portion of the work
covered by this contract, provided that the work has been
completed in a manner satisfactory and acceptable to the
State. The Contractor shall not incur new obligations for
the terminated portion after the effective date of
termination.
E. Except with respect to defaults of subcontractors, the
Contractor shall be in default by reason of any failure in
performance of this Contract in accordance with its terms,
including any failure by the contractor to progress in the
performance of the work. Failure on the part of the
Contractor to fulfill its obligations as set forth in this
Contract will be waived by the State for causes due to Acts
of God or force majeure.
ARTICLE 16. GENERAL PROVISIONS
A. CIVIL RIGHTS
During the performance of this Contract, the Contractor, for
itself, its assignees and successors in interest agrees as
follows:
(1) ~empliance with Regulations: The Contractor shall
comply with the regulations relative to non-
discrimination in federally assisted programs of the
Title
of o Federal Transportation
Regulationso Part (hereinafter 21 and 23 CFR
, Code Department
49,
710.405(b), as they may be amended from time to
10
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Date____~i/
time (hereinafter, referred to as the Regulations), 3
which are herein incorporated by reference and made a
part of this Contract.
(2) Nondiscrimination: The Contractor, with regard to the
work performed by it during the Contract, shall not
discriminate on the grounds of race, color, sex or
national origin in the selection and retention of
subcontractors, including procurements of materials and
leases of equipment. The Contractor shall not
participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the
contract covers a program set forth in Appendix B of
the Regulations.
(3) Solicitation for Subcontracts Including Procurements
of Materials and Eauipmen : In all solicitations
either by competitive bidding or negotiation made by
the Contractor for work to be performed under a
subcontract, including procurements of materials or
leases of equipment, each potential subcontractor or
supplier shall be notified by the Contractor of the
contractor's obligations under this Contract and the
Regulations relative to nondiscrimination on the
grounds of race, color, sex or national origin.
(4) Information and Reports; The Contractor shall provide
all information and reports required by the Regulations
or directives issu,nd pursuant thereto, and shall permit
access to its books, records, accounts, other sources
of information and its facilities as may be determined
by the State or the Federal Transit Administration
(FTA) to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any
information required of a Contractor is in the
exclusive possession of another who fails or refuses to
furnish this information, the Contractor shall so
certify to the State or the Federal Transit
Administration, as appropriate, and shall set forth
what efforts it has made to obtain the information.
(5) Sanctions Eer Nnnrnm.tl.___, In the event of the
Contractora noncompliance with the nondiscrimination
provisions of this Contract, the State shall impose
11
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such contract sanctions as it or the Federal Transit
Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the Contractor under
the Contract until the Contractor complies, and/or
(b) Cancellation, termination or suspension of the
Contract, in whole or in part.
(6) Incorporation of Provisions: The Contractor shall
Include the provisions of paragraphs (1) through (6) in
every subcontract, including procurements of materials
and leases of equipment, unless exempt by the
regulations or directives issued pursuant thereto. The
contractor shall take such action with respect to any
subcontract or procurement as the State or the Federal
Transit Administration may direct as a means of
enforcing such provisions including sanctions for
noncompliance: Provided, however, that, in the event a
contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result
of such direction, the Contractor may request the State
to enter into such litigation to protect the interests
of the State, and, in addition, the Contractor may
request the United States to enter into such litigation
to protect the interests of the United States.
B. NONDISCRIMINATION ON THE BASIS OF HANDICAP
The Contractor agrees that no otherwise qualified
handicapped person shall, solely by reason of his handicap,
be excluded from participation in, be denied the benefits
of or otherwise be subject to discrimination under the
project. The Contractor shall insure that all fixed
facility construction or alteration and all new equipment
included in the project comply with applicable regulations
regarding Nondiscrimination on the Basis of Handicap in
Programs and Activities Receiving or Benefitting from
Federal Financial Assistance, set forth in 49 CFR Part 27,
and any amendments thereto, and the Americans with
Disabilities Act.
C. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
It is the policy of the Department of Transportation and the
State that Disadvantaged Business Enterprises as defined in
the Intermodal Surface Transportation Efficiency Act of
1991, Pub. L. No. 102-240, Sec. 10030 105 Stat. 1914, 1918-
1922 (1922), shall have the maximum opportunity to
12
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participate in the performance of contracts ad subcontracts
financed in whole or in part with federal funds.
Consequently, the Disadvantaged Business Enterprise
requirements of Pub. L. No. 102-240, Sec. 1003 apply to this
Contract as follows:
The Contractor agrees to insure that Disadvantaged Business
Enterprises (DBE) as defined in Pub. L. No. 102-240, Sec.
1003 have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole
or in part with Federal or State funds. In this regard, the
Contractor shall take all necessary and reasonable steps to
meet the Disadvantaged Business Enterprise goal for this
contract.
The Contractor shall not discriminate on the basis of race,
color, national origin or sex in the award and performance
of contracts funded in whole or in part with Federal or
State funds.
These requirements shall be physically included in any
subcontract.
The percentage goal for Disadvantaged Business Enterprise
participation in the activities to be performed under this
contract is a minimum 10% of the contract dollars available
for contracting opportunities as defined in P. L. 102-240,
Sec. 1003. The contractor shall submit to the State reports
on DBE compliance efforts and documentation of good faith
efforts to meet the DBE goal. This information shall be
provided to the State on the format(s) and at time
intervals prescribed by the state.
Failure to carry out the requirements set forth above shall
constitute a breach of contract and, after the notification
of the State, may result in termination of the contract by
the State or other such remedy, which may include reductions
in future grant awards, as the State deems appropriate.
D. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor agrees to comply with Executive Order 11246
titled "Equal Employment Opportunity" as amended by
Executive Order 11375 and as supplemented in Department of
Labor Regulations (41 CFR, Part 60).
E. AFFIRMATIVE ACTION
The Contractor warrants that affirmative action programs as
required by the rules and regulations of the Secretary of
Labor (41 CPR 60-1 and 60-2) have been development and are
on file.
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F. SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIa CONTRACTS//
(1) Contract Work Hours and Safety Standards Act
The Contractor agrees to comply with Sections 103 and
107 of the Contract Work Hours and Safety Standards Act
(40 USC, Part 327-330) as supplemented by Department of
Labor Regulations (29 CFR, Part 5).
(2) Copeland "Anti-Kickback" Act
The Contractor agrees to comply with the Copeland
"Anti-Kickback" Act (18 USC 874) as supplemented it,
Department of Labor regulations (29 CFR, Part 3).
(3) Davis-Bacon Act
The Contractor agrees to comply with the provisions of
the Davis-Bacon Act (40 USC 176a to 9-7) as
supplemented by Department of Labor regulations (29
CFR, Part 5).
(4) Relocation and Land Acquisition
The terms of the Department of Transportation
regulations "Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted
Programs" (49 CFR Part 25) are applicable to this
Contract.
(5) Insurance and Bonding
The Contractor shall comply with insurance and bonding
requirements as established in 49 CFR fart 18.
(6) Signs
The contractor shall cause to be erected at the site of
construction, and maintained during construction, signs
satisfactory to the State and the United States
Department of Transportation identifying the project
and indicating that the Government is participating in
the development of the project.
G. ENVIRONMENTAL PROTECTION AND ENERGY EFFICIENCY
The Contractor agrees to comply with all applicable
standards, orders or requirements issued under Section 306
of the Clean Air Act (42 USC 1857(h); Section 508 of the
Clean Water Act (33 USC 1368); Executive Order 11738 and
Environmental Protection Agency Regulations (40 CFR, Part
15). The Contractor further agrees to report violations to
the State.
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The Contractor agrees to recognize standards and policies /3 J
relating to energy efficiency which are contained in the
State energy conservation plan issued in compliance with the
Energy Policy and conservation Act (P.L. 94-163).
H. CONTROL OF DRUG USE
The Contractor agrees to comply with the terms of the
Omnibus Anti-Drug Abuse Act of 1988 (P.L. 100-8900 Title V,
Subtitle D).
I. SUSPENSION AND DEBARMENT
The terms of the Department of Transportation regulation,
"Suspension and Debarment of Participants in DOT Financial
Assistance Programs" set forth at 49 CFR Part 29, are
applicable to this Contract and the Contractor must complete
the contractor certification which is included as Attachment
B. Further, any subcontractor employed ty the Contractor is
also bound by the terms of 49 CFR Part 29 and must complete
a Contractor Certification (Lower Tier) form.
J. RESTRICTIONS ON LOBBYING
Pursuant to Section 319 of P. L. 101-121, which
generally prohibits recipients of Federal funds from using
those monies for lobbying purposes, the contractor shall
comply with the attached Special Provision "New Restrictions
on Lobbying", which is included as Attachment C.
K. PROHIBITED ACTIVITIES
The Contractor or any subcontractor shall not use Federal or
State assistance funds for publicity or propaganda purposes
designed to support or defeat legislation pending before
Congress or the Texas Legislature.
No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this
Contract or to any benefit arising therefrom.
No member, officer or employee of the Contract during this
tenure or one year thereafter shall have any interest,
direct or indirect, in this Contract or the proceeds
thereof.
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Texas Transportation commission policy mandates that
employees of the Department shall not accept any benefits,
gifts or favors from any person doing business or who
reasonably speaking may do business with the State under
this Contract. The only exceptions allowed are ordinary
business lunches and items that have received the advanced
written approval of the State Executive Director for the
Texas Department of Transportation. Any persons doing
businPZs with or who may reasonably speaking do business
with the State under this Contract may not make any offer of
benefits, gifts or favors to Departmental employees, except
as mentioned hereabove. Failure on the part of the
Contractor to adhere to this policy may result in the
termination of this Contract.
L. ASSURANCES
The Contractor will comply with Texas Civil Statutes,
Article 5996a, by insuring that no officer, employee or
member of the Contractor's governing board or of the
Contractor's subcontractor shall vote or confirm the
employment of any person related within the second degree by
affinity or third degree by consanguinity to any member of
the governing body or to any other officer or employee
authorized to employ or supervise such person. This
prohibition shall not prohibit the employment of a person
who shall have been continuously employed for a period of
two years prior to the election or appointment of the
officer, employee, governing body member related to such
person in the prohibited degree.
The contractor will insure that all information collected,
assembled or maintained by the applicant relative to this
project shall be available to the public during normal
business hours in compliance with Texas Civil Statutes,
Article 6252-17a, unless otherwise expressly provided by
law.
The Contractor will .amply with Texas Civil Statutes,
Article 6252-17, which requires all regular, special or
called meetings of governmental bodies to be open to the
public, except as otherwise provided by law or specifically
permitted in the Texas Constitution,
M. PATENT RIGHTS
If any invention, improvement or discovery of the Contractor
or any of its subcontractors is conceived or first actually
16
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NOreduced to practice in the course of or under this Proj69
which invention, improvement or discovery may be pateiotable
under the Patent Laws of the United States of America or any
foreign country; and if said invention, improvement or
discovery has not already become the property of the State
under Article 15.C above) the Contractor shall immediately
notify the State and provide a detailed report. The rights
and responsibilities of the Contractor, subcontractors and
the United States Government with respect to such invention
will be determined in accordance with applicable Federal
laws, regulations, policies and any waivers thereof.
Further, the Contractor shall comply with the provisions of
41 CFR, Part 1-9,
N. COPYRIGHTS
The State and the United States Department of Transportation
shall have the royalty-free, non-exclusive and irrevocable
right to reproduce, publish or otherwise use, and to
authorize others to use, the work for government purposes.
0. INDEMNIFICATION
To the extent permitted by law, the Contractor shall
indemnify and save harmless the State from all claims and
liability due to activities of itself, its agents or
employees, performed under this agreement and which result
from an error, omission or negligent act of the Contractor
or of any person employed by the Contractor. The Contractor
shall also save harmless the State from any and all
expenses, including attorney fees which might be incurred by
the State in litigation or otherwise resisting said claim or
liabilities which might be imposed on the State as a
result of activities by the Contractor, its agents, or
employees.
P. SUCCESSORS AND ASSIGNS
The Contractor binds itself, its successors, assigns,
executors and administrators in respect to all covenants of
this agreement. The Contractor shall not sign, sublet or
transfer its interest in this agreement without the written
consent of the state.
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Q. CONTRACTOR ACKNOWLEDGEMENT a /'2~ 7
The Contractor acknowledges that it is not an agent, servant
or employee of the State and is responsible for its own act
and deeds and for those of its agents or employees during
the performance of the contract work.
R. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid,
illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other
provision thereof and this agreement shall be construed as
if such invalid, illegal or unenforceable provision had
never been contained herein.
S. PRIOR AGREEMENTS
This agreement constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings
or written or oral agreements between the parties respecting
the within subject matter.
18
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IN TESTIMONY WHEREOF, the parties hereto have caused these ,f
presents to be executed.
STATE OF TEXAS CONTRACTOR
Certified as being executed for By:
the purpose and effect of
activating and/cr carrying out
the orders, established policies, Title:
or vork programs heretofore
approved and authorized by the
Texas Transportation Date:
Commission under the authority
of Minute order 102550.
APPROVEDt
By=
Director of Public Transportation
Date3
RECOMMENDED FOR EXECUTIONi
District Eng near, District 18
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7/26!43 AT?ACMNENT A ~ 2~
CONTRACT BUDGET •J
CONTRACTORS City of Denton
CONTRACT NUMBERS 514X04014
STATE PROJECT NO.S 1X94,0001( 18)
FTA NUMBERS ?%•90-9246
LINE ITEM R DESCRIPTION TOTAL FEDERAL STATE LOCAL
CAPITAL
XX.XX.XX Two Vehicles w/ U fts 181,250 145,000 ..23.562 12,688
•
181,250 145,000 80% 23,562 13% 12,688 7%
PLANNING
XX.XX.XX Grant DtvelJAdein 30,000 24,000 ••..3.900 .•••,.2.100
„
30,000 24,000 80% 3,900 13% 2,100 7%
OPERATING
.
XX.XX.XX Operating (10193 9/94) 440,000 220,000 •..110,000 .110,000
440,000 220,000 50% 110,000 25% 110,000 25%
TOTAL 651,250 389,000 60% 137,462 21% 124,788 19%
FEDERAL FUNDING SPLITS
TN•90-%246 19.90-X007 TX•90•XO07 TOTAL
CAPITAL 145,000 0 0 145,000
PLANNING 24,000 0 0 24,000
OPERATING 220,000 0 O 220,000
389,000 .........a O 389,600
ATA1S FUNDING SPLIIt
FORMULA CSP DISCRETIONARY 101AL
CAPITAL 23,562 0 0 23,562
PLANNING 3,900 0 0 5,900
OPERATIN9 110,000 0 110,000
137,462 0 0 131,462
,
AAonda No,.3 - Di
Aaandaiie
Debarment Certification
(Negotiated Contracts)
(1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and
its principals-
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or perform-
ing a public* transaction or contract under a public transaction; violation of
federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently Indicated for or otherwise criminally or civilly charged by
a governmental entity* with commission of any of the offenses enumerated In
paragraph (1)(b) of this certification; and
(d) Have not within a three-year period precedng this application/proposal had
one or more public transactions* terminated for cause or default.
(2) Where the CONTRACTOR is unable to certify to any of the statements in
this certification, such CONTRACTOR shall attach an explanation to this
certification.
*federal, state or local
Sigh h(tvI o certify Ing c a
i
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ate
Form 1791 A
4.89
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Lower Tier Participant Debarment Certification
(Negotiated Contracts)
urwrt rWmr of ttmfpq offieNU beI ng duly sworn
or under penalty of perJury under the laws of the United States, certifles that
neither
unMrt n4 M1 of if *or wr nor its
principals are presently: ~""I~""
• debarred, suspended, proposed for debarment,
• declared ineligible,
• or voluntarily excluded from participation in this transaction
by any Federal department or agency
Where the above identified lower tier participant is unable to certify to any of the
above statements in this certification, such prospective participant shall Indicate
below to whom the exception applies, the initialing agency, and dates of action.
Exceptions will not necessarily result in denial of award, but will be considered in
doterminIngcontractor responsibi11ty, Providing false information may result in
criminal prosecution or administrative sanctions.
EXCEPTIONS;
S~~n~tun of Crrtiyro~ ORu~I
Uu~
Ilelr i,f (rr;Lt,
Sar Rvt vr.e fur infurmntiun
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Certification Information aG~
This certification Is lobe used by contractors pursuant to 49 CFR 29 when any of the
following occur.
s any transaction between the contractor and a person (other than a
procurement contract for goods and services), regardless of type, under
a primary covered transscolon
. any procurement contract for gads or services when the estimated cost is
$25,000 or more
s any procurement contract for goods or services between the contractor
and a person, regardlm of the amount, under which the person will have
a critical Influence on or substantive control over that covered tr ins-
action. Such persons includq principal invsstigntors and providers of
federally-required audit services.
A procurement transaction is the process of acquiringgoods and services.
A nonprocurenwnt transaction is the granting of financial assistance to entities to
assist the grantor in meeting ob)eWves that are mutually benelkial to the grantee
and grantor.
A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO
AUTHORIZED REPRESENTATIVES OF THE STATE OR THE U.S.
DEPARTMENT OF TRANSPORTATION UPON REQUEST.
I
~,~~ndaPto. G
A~~,nCaltem
CERTIFICATION a~~.37
of
Restrictions on Lobbying
I+ , hereby certify
(name and title of grantee Official) that:
on behalf of (name of grantee)
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any agency, a Member of Conqrsss, an officer or employee of
Congress, or an employee of a Member of congress in connection
with thi swardinq of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreemant, the undersigned shall
complete and submit Standard Fore-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
be g included shall in require r award that documents for all the language of this
(3) The certification undersigned
subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements` and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon
which reliance is placed when this transaction was made or
entered into., Submission of this certification is a prerequisite
for making or entering into this transaction Imposed by section
1352, title 31, U.Be Code. Any person who fails to file the
required certification shall be subject to a civil penalty of
less than $10,000 and not more than $100,000 for each such
failure,
Executed this day of
by
(signature of authorized official
(title of autf,:rI -Iic ::::.a.,
~ r,
Federal Refrain I Vol $1. No. 213 I Wednesday, Ncembcr 20. 171P Nof,ccli
pi2l2J
DISCLOSURE OF LOOPING ACTIVrTIES Age W,10 =O,
COm rep Ih,l form 10 di1d01rn Mfhmea . 15Y Lj~
D A Perlwnt Io lI U bC. t)If Ar ~~nda119 J C~
ISee re.ane b pub4k Ouhkrl4slJoaYe.1
1. Typo of laded Aceiwn L 11ahF1 of lekrd AAbw f r~
❑ ►
!CM is. bldofeuapluooQ A. wtdIWy
Is. A
► MW award ► mWedJrfwye
t loan Irve al•enmenf a post•anwd Fee Md"W t►ayw oar
e• team 0%warl" "M ap
I. loan Mlwante dale of last report
l Nano x111 Ad+wl1 a ftepwetil/ IwIYr ► Y "V hlo,1(f SAMWM low Maww
a prln+w 0 Suba.ardn a"al all Pfi@W..
Tier at koo~:
t g111er1al DhMd of Moo,
m• C Ob11c1A I Anwwe.
f IeAenf peplrewkwt /iemrT' Jr. /sdad prelrafe Nasw+omfoba a
VDA Number, /ap*jbfe.
• ladenl An on Number, dAnwwn; t Awed Am*" IMe";
f
50. a. Naek ant AddressN lobbrily I ► In{I111oa1a Fed lwevkes ieKhdry aJdrw d
IA uS "dwP.14It nark, kit slime, Alm O,A'NSM IIOT JVO. 1
oft If name, f"I mink. M7A
if. Ai Rawl of Fair mtv IeAtc114 Nu ayp+e I: I► Type of paylmew rcfktl an oar kem r;
1 0 utut 0 Framed O a. Fawner
a b one-time Ire
Il. lone of psymrenl Ichtch an Nat Ippr14 O C. M Mullion
0 1 UO O all, writinienf led
0 b in•I,nt IFenry mire deft"d
ai~t 0 f 60er, specify
11. Irte1 Otlcriptfew of lerNtel peflenned ef b w F@qw" wd anal Ddef11 m1 lmke bwWind OflkertK fnlFNywetu
of Alembwnlt twMMet lot pqm m Indkaled in hens j l;
11 eMttmwtbm lhaviol V•LIf•A Marked 0 tes O Nw
11 ta~wr aawwl " M a bore to M 1r O It
NfM I Ilf mM wY wan it W" a waw a 1 maww oww~"M /flwaho~
•+r MW 10040 wea" ti ft NP a" ft
P~ W .a ti a own N w. ow%m a nbrw 0"" Y Few Na w
If Y 11 fill M ■wdww d b aawfY w mr c"rft No
&"-& &W d brw'"r mar" wwMw Mw rkft
as to %e..f"*b N be "W, a I ti r,^aI bIMN
lewa e•r Y~+n ~V l iv ow wr.rrlr.ara Telephone No., Dale.
ptde fat 1✓Ie ( a nAM ue M Lag ara.lwa
M.nar1 flrw • Iu
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S7J26 Faded lttgiattr I Vol. Se. No. 2431 loitdntsday. lhcembrr Zu. IWN I Notices
INSTRUCTIONS FOR COMFLMON OF SF•LLL. DISCLOSURE Of LOBBYING ACTIVIIIES
This 6►Joswe form shaft be compiced by UN ttpurl:n6 enti'ty(yy, whelhes subawardee or prime federal uclp est. At the
iniliation of receipt of a covered Federal a:Non. Of a mutalar Child to A prtviout flutg, pursuami Io pile 31 U $ C.
o Section 1357. The Ming of a form Is requttd for facts payment a e6rttmeni to mule payment to airy kbbyind emiry lot
InfluthdAS of AltempgnS to influence in OtAcer of t o~eof any genet', a Member of C60711e. An ollictr a
trmptoyte Of ConpitA mr An tmplory" all a McMber er s In comtelion with a coveted Federal action. U+e d+t
e, SFdillE•A CmltbvuAtiolt Meet lot iddition+l Information H t Ne Space on I)e loin h Inadectuate. Complete all items that
Seri q> apply, la both fife Wild fuM6 and rmatirkl Chunft repat. Rekf to the 4npltm L-of guidance pubtishod by IM c7lrrce of
Management And Sludge foe tddAioeul Infotnutlon.
1. idtnt* de type of coveted fide al action for wolikh lobbyfr+S •ctMty h "of has been secvW to In uence the
ourtcorne of a covered federal action
2. Identify de status of to covered fodenl Action.
3. Identify shot appropriate elaslitcadon of INN repot. If thh k a k+aowvp report caused by a material than t to the
infon etion pteviousfy oepoAed, *mitt the ytu and Quarlet in WW the change occurred. Enter the date 0111 Ise 1451
prtviank eubminte repots by thls reporting entity fcv Mis eoviveel Word Action,
1. Enter the full name, address, cry, stale and pip code of tie reponine tnt;ry , Inchdt Cangtndorul Astrict, if
known, Check that #ppropflato CIAIli katlon of the reporting tndty that designates 0 it IS, of elptcls Io be I prime
w subawad ncJplent. identily the tier of the Subawardee, e.g. Chat Rest wbewardee of the pnmt h Oil lot tier.
Subawatdt include but are not limited so Subcontactt, aubpntt and contact awards under grams
S. if the oepnitalion filing the few to ilem a checks'Subawodte', INN enter the full Aare e, address, cifl Ate Amid
tip code of she potent Federal recaptent. Include Congressional Disukl it known.
6. [mite the name of they Federal Agency making [he award a ten et)nvmitmemi Include at 141,111 one WIatiyrtipnal
level below agency name, if known. Fa wimple, Deputmenl of Transportation, Um;ieof SuleI Coast Owed
7. Enter the Federal program name a deacnp ion lot 14 coveted Federal action (item is, if knowm finite t1e Full
Calk of Federal Domestic Assistance (CFDA) number for pants, cooptative atreemtnu, WAS, And loan
comm(tmoMf
6. Enter the most appoopnoto 4441#1 fdentilying number available la the federal action kdrnld41d in ilem f reg.
Request for Proposal AM number Invitation too lid (IFSI number, pans announctentnt number. the contrad.
pant, or loin award number; the apphutiompfoposal control number assigned by the Federal ►gtecy) Include
prtBatt, fi.g,'khF•DE•10-0Ot,•
1. For a covered Federal action where I*@ hit been An award or ban cormrnilmtnt by the Ftdtfal atenq, enter the
Federal amount of the awudtosn commitment (or the prime entity identified in iten / of $
10. (d[Ater the full name, address, sJry, state And ttp code of the lobb)inS enbq engaged by the reporting entity
Identified in harm 1 to influence the covered Federal action.
(b)[n[er the NO names of the Indhldual(at peffonnlnS sknlcfit, and include hull k0elt if d ffeeent from 10 (a).
finite trial Name, First Name, and Middle ledlial (AA0.
it. Enter Me amount of compensation veld or reasonably etpecled to be paid b. the topotlint entity Gtem 41 to the
lobbying entity (Nam 10) Indicate wfelhts tie payment has beta made actw4 of w;11 be made rplnntdt Check
sit boxes that opply• If this is A material chngt ropoot, inter the Nentilalho amount of payment made o+ planned
to be made.
U. Check the AppropofAte beafesF fled AN bow 041 apply If pAymem h made Mrouth M InAind conrnbulion•
apiuly the eaturt And slut of the M" payment.
13. Check IM Apptopoiatt 10014%1. shied dl boats that Apply. If e1Mt, sp" nature
11. provide A Wdk nd detaned daolood n of the serrkte del & kbbysst has Wott+rd, a 04 be Ilpecv4 to
PMonn, And the datNs) of any wllm Widened lndude in prepr Cory av3 reword aecMry. not Ml time I Al IA
actual Contact with Federl eMclailo. lido lify tie Federal efflciAl) OF empteyMS) Contacted a this ol+rMa),
Imptoyee(A, a MtmbeRS) of Cargma"loom ces"Wod
1S. Chid whether of not a SF•LUA Continuation Sheret(d is Mladrfid.
16. TM certlfytnS official dun also and date the fererk prism NAM tine, tick, and teiiphone number
KAk trpoobno bkrdeA to M (dkeson of Mstonnalton h aaAWe t to "l 10 ewrntss per Aniff", vrcivst t fine 10 rsvwa All
rnsenxAy,a "set" nAnng Stu Swett . flac+nAA6 Arid mrntanu t the data Assisted aid totnpteW+g And rr.,e.v g tt.t e016tcooA of
Inlwmal'0A lend tommorttr ngudry it" bsrdir erllrwe a arty other O l d W1 C"t-0w y VJO-414M wt'tdry wytswns
tot ttdut'ng d1 burdn to ew Onrt lwnagtmtm And 6udilsk fSpterwt test,atan hert(t I01a►4GaU. aa,MAton DC you)
y
Federal RKislet I Vol. 54. Nv. 247 I Wedne►day. December x. 1489 ! Notices 0325
DISCLOSURE Of LOBBYING ACTIVITIES "aawu,t
CONTINUATION SHEET
left Lye
ABenJaNo
Agodaile ,
yAwgw 6" bwom*..
su.sw r.. • uu
S Y
,SS
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r
$2126 Fsdral Register 1 Vol $4, No 243 l Wednesday, Decemhor 20. 1989 1 N4,? res
appendix C to part - Contract Clause
Agenda No
NEW RESTRICTIONS ON IAbBYING A~snGa~te ~G
(a) Definitions. As used in this clause [a;e J rI
"Agency", as defined in 5 U.S.C. 552(!), includes Federal
executive departments and agencies as roll as independent
regulatory commissions and Government corporations, as defined in
31 U.B.C. 9101(1).
"covered Federal action" means any of the following Federal
actions:
(1) The awarding of any Federal contract)
(2) The making of any Federal grant:
(3) The making of any Federal loan:
(4) The entering into of any cooperative agreement: and,
(5) The extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
Covered Federal action does not include receiving from an agency
a cotmitment providing for the United States to insure or
guarantee a loan,
"Indian tribe" and "tribal organization" have the meaning
provided in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450B), Alaskan Natives are
included under the definitions of Indian tribes in that Act,
"Influencing or attempting to influence" means making, with
the intent to influence, any communication to or appearance
before an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with any covered Federal action.
"Local government" means a unit of government in a State
and, if chartered, established, or otherwise recognized by a
State for the performance of a governmental duty, including a
local public authority, a special district, an intrastate
district, a council of governments, a sponsor group
representative organization, and any other instrumentality of a
local government.
"officer or employea of an agency" includes the following
individuals who are employed by an agency:
(1) An individual who Is appointed to a position iA the
Government under title 50 U.S. Coda, including a position
undor a temporary appointments
(2) a, member of the uniformed services as defined in
section 101(3), title 370 U.S. Codef
A special Government employee as defined in section
242, titlu 1s, U.S. Code: and,
21
t
►e0eral xy~~ler t lof 54, i~o, 4J r ~~eanesosy, UetiTOCr=p, 1yy,i M1e~ica S2J27
(4) An individual who is a member of a redQji"faUr
committee, as defined by the federal Advisory C b Act S ~e
title 5, U.S. Code appendix 2.
Date
"Person" weans an individual, corporation
, c apa y
association, authority, firm, partnership, society, State, and
l
for ocal government, regardless of whether such entity is operated
tribprofit tribal organization, or any other Indian xorganization nwith
respect to expenditures specifically permitted by other Federal
law.
"Reasonable compensation" means, with respect to a regularly
employed officer or employee of any person, compensation that is
consistent with the normal compensation for such officer or
employee for work that is not furnished to, not funded by, or not
furnished in cooperation with the Fedsral Government.
"Reasonable payment" means, with respect to professibnal and
other technical services, a payment in an amount that is
consistent with the amount normally paid for such services in the
private sector.
Recipient" in connection Includes wiall th contractors a Federal contract;ntra The teamt
any tier
excludes an Indian tribe, tribal organization, or any other
Indian organization with respect to expenditures specifically
permitted by other Federal law.
employee
of a a l person mployed" means, or with receiving respect a Fedeal contract,
an officer or employee who is employed by such person for at
least 130 working days within one year immediately preceding the
date of the submission that initiates agency consideration of
such person for receipt of such contract. An officer or employee
who is employed by such person for less than 130 working days
within one year immediately preceding the date of the submission
that initiates agency consideration of evch person shall be
considered to be regularly employed as soon as he or she is
employed by such person for 130 working days,
"State" means a State of the United State., the District of
Columbia, the Commonwealth of Puerto Rito, a territory or
possession of the United States, an agency or instrumentality of
a State, and a multi-State, regional, or interstate entity having
governmental duties and powers.
(b) Prohibition.
(1) Section 1352 of title 710 U.S, Code provides in part
that no appropriated funds Pay be expended by the recipient of a
Federal contract, grant, loan, or cooperative agreement to pay
22
r
i
Arda No
6131d Federal Rp&or J Vol. 54. No. 143 / Wednesday, December 24: olicn
any person for influencing or attempting to Intl -&n- ffi er---
or employee of any agency, a Member of Congress, an officer or33Yj,/
employee of Congress, or an employee of a Member of Congress in
connection with any of the following covered Federal actions:
the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any
cooperative agreesente and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(Z) The prohibition does not apply as follows:
(1) Agency and legislative 11618.,n by own roployees.
(A) The prohibition on the use of appropriated
funds, in paragrap*)Cl) of this section, does not apply in the
case of a payment o reasonable compensation made to an officer
or employee of a person requesting or receiving a Federal
contract if the payment is for agency and legislative' liaison
activities not directly related to a covered Federal action.
10M G)
(B) For purposes of paragraph& (A) of this
section, providing any information specifically requested by an
agency or Congress is allowable at any time. (p)(s)(1)
(C) For purposes of paragrapph (A) of this
section, the following agency and legislative lisison activities
are allowable at any time only where they are not related to a
specific solicitatioD-for any covered Federal action:
VO) Discussirq with an agency (including
individual demonstrations) the qualities and characteristics of
the person's products or services, conditions or terms of sale,
and service capabill eat and,
4 (1i) Technical discussions and other
activities regarding the application or adaptation of the
person's products or services for an agency's use('{sw)
(D) For purposes of paragrapQh (A) of this
section, the following agency and legislative Nation activities
are allowable only where they ,are prior to formal solicitation of
any covered Federal Acior.~
S7~) providing any information not
specifically requested but necessary for an agency to make an
informed decision t initiation of a covered Federal actionr
3S( i) Technical discussions regarding the
preparation of an unsolicited proposal prior to its official
submission: and,
3 (hi) Capability presentations by persons
seeking awards from an agency pursuant to the provisions of the
small Business Act, as amended by public Lw 9S-507 and other
subsequent amendments.
23
F~denl Re=Itl.r / Vol 51, No 243 l Wednesday. December 56d2FJ0
Notice j`
~(E) Only those actlvlties expressly'oyt ririd by
paragrapjin(1} of this section are allowabls under (►~1Ci)
Paragraph (1).
Employees.(S Professional and technical services by+`±Qn~.~7
(A) The funds, in peragraph&l) ofothis tsection, does not apply inethe
case of a payment o reasonable compensation made to an officer
or employee of a person requesting or receiving a Federal
contract or an extension, continuation, renewal, amendment, or
orditechnicalo service a randerb directlyenIn ether pr,par`tion~
negoti of an
or for iceting rroposal *gqulce;entsaimposed by
or pursuant to law as a condition for receiving that Feder
contract.
(b)(i)(0
(8) For ses section, "professional and ptecchhnnicaloserpvteesoashall~}beolimited
to advice and analysis directly applying any professional or
technical discipline. Far example, drafting of a legal document
accompanying a bid or proposal by a lawyer is allowable,
similarly,, technical advice provided by an engineer on the ce or renderedndir ctly p In a the negotiationtof of contract is allovlaabble.
However, communications vith the Intent to influence made by a
professional (such as a licensed lawyer) or a technical person
(such as a licensed accountant) are not allowable under this
section unless they provide advice and analysis directly applying
their professional or technical expertise and unless the advice sis
Is randerd submie~fon or negotiation directl and cover d i derallacttion. eThus,f s
lawyerethat costmunicaottions. dvice oroanaalysis directly and
solely related to the legal aspects of his or bar clients
proposal, but generally advocate one proposal ever another are
not allowable under this section because the lawyer Is dot
providing professional legal services, iiailorly, communications
with the intent to influenew made
en inswing analysis prior to the prepay an engineer os submissionnof i
bid or proposal are not allowable under this section since the
engineer is providing technical services but not directly in the
preparation, submission or negotiation of a covered Federal
action.
a condition for creceivi iigr a cover imposed F Federal award Pursuano Includelthose
regquuired by lovwor requlatlono and any othe rbrequlrreesents 1n the
actual award documents,
2/
a
i
ti
t 1~-a3~J
52330 Fsdetsl ltesrtet / Val. Sr. No. !IJ / K'tdne:day, Dec•rnber !J, 19e9 C
CbX~) (D) Only those services expressly suth&jjj#a
paragraph i(ii) of this section are allowable under paragre h 3 7
(iii) Reporting for Own Employees,
No reporting is required with respect to payments of reasonable
compensation nade to regularly employed officers or employees of
a person.
(iv) Professional and technical services by Other than
Own Employees.
(A) The prohibition on the use of appropriated
funds, in paragraph U l) of this section, does not apply in the
case of any reasonable payment to a person, other than an officer
or employee of a person requesting or receiving a covered Federal
action, if the payment is for professional•or technical services
rendered directly in the preparation, submission, or negotiation
of any bid, proposal, or application for that Federal contract or
for meeting requirements imposed by or pursuant to law as a
condition for receiving that Federal contract.
Ci)(s) c; r)
section, *profefsionalr and purposes services" shall beolimlted
to advice and analysis directly applying any professional or
technical discipline. For example, drafting of a legal document
accompanying a bid or proposal by a lawyer is allowable.
similarly, technical advice provided by an engineer on the
performance or operational capability of a piece of equipment
rendered directly in the negotiation of a contract is allowable.
however, communications with the intent to influence made by a
professional (such as a licensed lawyer) or a technical persor.
(such as a licensed accountant) are not allowable under this
section unless they provide advice and analysis directly applying
their professional or technical expertise and unless the advice
or analysis is rendered directly and solely in the preparation,
submission or negotiation of a covered Federal action. Thus, for
example, cotemunioations with the intent to influence made by a
lawyer that do not provide letal advice or analysis directly and
solely related to the legal aspects of his or her client's
proposal, but generally advocate one proposal avr: another are
not allowable under this section because the lawyer is not
providing professional legal services, Similarly, communications
vith the intent to influence made by an engineer providing an
engineering analysis prior to the preparation or submissioes•of a
bid or proposal are not allowable under this section since the
engineer is,providing technical services but not directly in the
preparation, submission or negotiation of a covered Federal
action.
25
I
F@dertl keotrcr 1 Yol. 54. K~, 217 ; Wedneld
DecemtNr
+ condielon (C) flequireaente imposed by or
for receiving a pursuant~'
required u covered Federal award to-; as
required by 1 w or regulation, or reasonably a •tnclude those
by law or regulation, and any other raqulri ct*d to be
actual award documents.
in the
a Person roquesting or receiv'thar than officers or employees of
consultants and trade associatlotls.~ered Federal action include
paragrap)lv(t) Dn1y those ssrvlces expressly authorised by
(IV). s of this section are Allowable under paragraph(b)(1`)
(C) Disclosure.
Feder(l1)Co tr ct shall fwho re ile v ith gists or receives from an
agency forth in that the that agency a certificati at
any payment prohibited b person has not aade, and gill not sake,
by paragraph (b) of this clause.
Federal)contaract~shall who requests or receives from an agency
a
standard Form- the with that agency a disclosure form,
person has lead* ' Disclosure of Lobbying Activities,
person ohas d funds has a reed to make a if such
Federal priate , which profits from~anynt Wing Ito this elaact if paid cwi tl?di appropriated prohibited under Paragraph ( ) c(b red
ppropriated funds, of for
each (c3) Each person shall file a disclosure form at the and of endar each ca disclose a er In wbich there oc event the information
contained that materially affeclt@ the ac u acy~of
by such person under g ph(A disclosure lM of this seectiornvlouely fled
that materially affects the Accuracy cy of "a information reported
amount (1) A cumulative increase of $25400 or sore in the or e to influence a covered Fed ral ~MfonOZO Influencing or attempting
influencln4lo) A change ins the person(s) or individual(s)
or, attempting to influence a covered Federal actionr
Member(s) (coa)tacA ChngeinIn.the osficar(a)L Upleyee(a), or
covered Federal act
ed to ion. P influence a
referred toAfnp rson who requests or receives from a 'Gerson Paragrap exceeding b10o,ooo at any tiler underia Federal contract nshall
file a certification, AU a disclosure fors, if required, to the
next tier above,
26
Y
L21)2 r derd NeAitilee 1 vol 51. No 241 / Wedrerd+v. Dece-nbrr :0. Aore'14040
7ADCMME
(S) All disclosure forms, but not certificatior~ shal3dlxa-~
for
warded from tier to tier until received by the per~tl~ refeto in paregraph(LX1) of this section. That person shall forward3 7
all disclosure !forms to the agency.
(d) Agreement. In accepting any contract resulting from this
solicitation, the person submitting the offer agrees not to make
any payment prohibited by this clause.
(e) Penalties.
(l) Any person rho makes an expenditure prohibited under
paragraph (b) of this clause shall be subject to a civil penalty
of not leas then $10,000 and not more than $100,000 for each such
expenditure.
(2) Any person vho fails to file or asend the disclosure
form to be filed or amended it required by this clause, shall be
subject to a civil penalty of not less than $10,000 and not more
than 5100,000 for each such failure.
(3) Contractors may rely without liability on the
representations made by their subcontractors in tho certification
and disclosure form.
(f) Cost allovability. Nothing in this clause is to be
interpreted to make allowable or reasonable any costs which would
be unallowable or unreasonable in accordance with Part 31 of the
Federal Acquisition Regulation. Conversely, costs made
specifically unallowable by the requirements in this clause will
not be made allowable under any of the provisions of Part 71 of
the Federal Acquisition Regulation.
(rnd of clause)
I
!FR Doc waru reed r:.~ toe o:I
NJq Cott I Mt+e
27
Ap*No. 93 -D
DATO.P*
CITY COUNCIL REPORT FORMAT
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
SUBJECT: CONSIDER APPROVAL OF AN APPLICATION TO THE
TEXAS WATER COMMISSION TO AMEND CERTIFICATES
,OF ADJUDICATION 08-2340 THAT CHANGES 51 ACRE
FT PER ANNUM OF THE 89.28 FT PER ANNUM OF
IRRIGATION WATER RIGHTS TO RECREATION WATER
RIGHTS.
RECOMMENDATION:
The Utility Staff recommends approval of an application to the
Texas Water Commission to transfer 51 acre feet of City of
Denton irrigation water rights to recreational purpose water
rights for Southlakes Park Lakes.
SUMMARY/BACKGROUND:
On January 19, 1993, the Council approved an ordinance
authorizing the staff to make application to the Texas Water
Commission for a Water Rights permit for the impoundment of
water in the three lakes proposed for the new Southlakes Park.
These three lakes will have a surface area of 14 acres. Since
the evaporation rate for each surface acre or water is
approximately 3,500 gallons per day, the City will need 51
acre feet per year (16.6 million gallons) water rights for the
Southlake Park Lakes.
The Texas Water Commission advised that there are no more
water rights available in the Elm Fork of the Trinity River
Basin since Denton and Dallas are the holders of all wator
rights in this river basin.
The Texas Water Commission suggested that Denton could amend
it's water rights permit to reduce its use from the Water
Departments municipal water purpose and reallocate 51 acre
feet for recreational purposes. The City suggested that
.rather than amend the cities municipal purpose water right the
city could amend an 89 acre foot irrigation water right that
the city acquired a few years ago when it purchased some
property at the Wastewater Treatment plant.
VndaNo
Agodalte ;es_2--
W8 a/ J'
CITY COUNCIL AGENDA ITEM o2
August 31, 1993
Page 2
The Texas Water Commission staff, has verbally agreed to
this transfer but has requested council approval of the
application transferring 51 acre feet from the 89 acre
feet of irrigation rights to recreational use purposes.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Parks and Water Department, Citizens of Denton
FISCAL IMPACT:
No cost to the City. Long term consideration is the
reduction of 16,600,000 gallons of water rights. Dallas
sells water at 464 per 1000 gallons.
Wd Ifully submittedV. Harrell
City Manager
Pre red an Ap roved by:
R. E. Nelson, Executive Director
Utilities
Exhibit I: Application for Amendment to a Water Right
Exhibit II: Permit to Appropriate and Use State Water
ccitem.831
TEXAS WATER COMMISSION IaeadaNo -
P,O. Sox 13087 Appdalle s
Austin, Texas 78711.9087
Telephone No. 512/493.8218
APPLICATION FOR AMENDMENT TO A WATER RtGN7
Q REOVIR/NO MAILED AND PUBLISHED NOTICE
See Texas Administrative Code Section 295.1581b1; or
[77NOTRFOU/R/NGMAILEDANOPUBLISHEDNOTICE
Sea Texas Administrative Code Sastion 295.168(8)
1. Name; rify of nnnh nn
Address; 215 £Bst ma it inn Py W-rant
Denton, Tx 76301
Icfti IS+rtri iI r [edrl
Telephone. Home, Office, (817)566-8230
Social Security or Federal' ID. No.: 1- 7 5-6 0 0 0 111
2. G Permit/Z: Certified Filing or UAdjudication Cori No.; --Q8 a n
Stropr Pecan Creek Watershed Trinity River Basin
Ross r (present condition, d one exists).
Count, Denton
3 Proposed Changes, Chan-a the intended use of 51 acre-`set ner annun of the
existing.B.4.28 acre-feet of irrigation water rights to recreational use
and to change the point of use to the reservoirs included in the City
,.p,f ❑enton Water !4:? Permit Anpli,cation Noa 5463, The VuXUpAe of this
^11a.ngn 4a 1-0 off-ant- i-nnnijji1 rnrn of a„>>nrnf lnr, nr Hahn.) by the rnrylyDeed
~~r S ~~IaMI Wr~rt»n R nwwry, afro ~n~cn mprpp ppd~p roNct iwton, A~tinon yo.nt t'ra d ~a. ~n6 otnr p~~Lnril artl)
re servo
A. I understand that the Agency may require additlonat information in regard to the requested amendment before 4onsidering my
epaileatian,
5. 1 have submitted the required lose horewith )Sections 295.131-295,139;
Witness rmvl lourl hand at Texas, this
day of '19
Subscribed and sworn io as being true and correct before me the - day
of ,19
Notary Public, Siste of Texas
iWt036eIArr Et 29I7I
EXHIBIT I
a
in aim
TOR
P
ERMIT TO APPROPRIATE
AND USE STATE WATER
APPLICATIONNO. 3463 PERMIT NO. 5463 TYPE: Section 11.111
Name., City of Denton Address. 115 East McKinney
Den►un, Texas 76101
Filed. June 11, 1993 Granted.
Purpose: Recreatienal Use County: Denton
Watercourse: Fletcher Branch, tributary
of Hickory Creek tributary Watershed.- Trinity River Basin
of the Elm Fork Trtniry
River, tributary of the
Trinity River
WHEREAS, the City of Dentc~i has submitted a water ute permit application to authorise
construction of three lakes (referred to as Lake Nos. J, 1 and 3) by excavation and construction and
maintenance of three dams on Fletcher Branch in Denton Countyy for in place recreational use at a
proposed park: and
WHEREAS, the first water rights downstream of the application site art the rights for Lake
btwisville (owned by the Cities of Denton and Dallas) and the Executive Director has determined
that there is no water avallable for appropriarlom other than for the initial fill of the ressrvolrs, at
the profuct site due to the effect on the water rights in Lab Lewisville; and
WHEREAS; the Executive Director has indicated that the reservoirs included in Application
No. 5463-will have an average evaporation of 51 acre feet per annum; and
WHEREAS the City of Denton has agreed to amend the portion of Certificate of
Adjudication No. 08.1340 It own., which allows for the diversion of not to exceed 89.18 acre feet of
water per annum froth Pecan Creek (which is immediately upstream of Lake Lewisville) for
irrigation use, by changing the purpose of use of 31 acre-feet of the water per annum to
recreational use to off-set the evaporation created by the reservoirs included in Application No.
5163; and
WHERPA,~ the first water rights downstream of Certificate No. 08.1340 are the water rights
for take Lewisville; and
WHEREAS, the Texas Water Commission finds Char furlsdletion over the application is
established,- and
EXHIBIT 11
WHEREAS, no person protested the granting of this application; and
WXEREAS, the Commission has complied with the requirements of the Texas Water Code
and Rulcs of the Texas Wait? Commission In Issuing this permit,
NOW, TBEREFOAE, this permit to appropriate and use State water is issued to the Clrv of
Denton, subject to the following terms and conditions,
1. IMPOUNDMENTS
a. Permitiee is authorised to construct and maintain a dam and take (Lake No. 1, the
downstream lake) on Fletcher Branch and to impound therein not to exceed 20 acre.
jest of water. The dam will be in the C. Poullafter Survey, Abstract No. 1007 and
Station 10+00 on the centerline of the dam will be at Latitude 33.176° N and
longitude 97.126 ° W, also being due east 2000 fret from the sou'hwest corner uj
the swvey.
b. Permitree is authorised to construct and maintain a dam and lake (lake No. 2, the
middle lake) an Fletcher Branch and to impound therein not to exceed 100 acre feet
of water, The dam will be in the aforesaid survey and the centerline of the dam at
the spillway will be N 64 ° E, 2510 feet from the gfaresaid survey corner.
a Permittee Is authorized to construct and maintain a dam and lake (lake No. 3, the
upstream take) on Fletcher Branch and to impound therein not to exceed 70 acre-feet
of water, The dam will be in the said survey and the centerline of the dam at the
spillway will be N 38 ° E, 3690 feet from the sold•s°urvey corner,
2. USE
Permittee is authorised to use the gforesaid lakes for In place recreational purposes In
a proposed park within the city limits ojlkntom
3. TIME L1MMATIONS
a. Construction of the dams and lakes herein authorised shall be In accordance
with standard engineering practices and shall be commenced within two years
and completed within three years from, date of issuance of this permit.
b. Failure to commence rind/or complete construction of the dams and reservoirs
within the period stared above shall cause this permit to expire and become
null and void, to the extent of construction of the parilcular lake, unless
permittee applies for an extension of time to commence and/or complete
construction prior to the respective deadlines for commencement and
completion, and the application is subsequently granted
2
ApdaNO
Agendattem -
L~le
SPECM CONDITIONS
a This permit is subject to the permime amending CertUlcale of AdJudieatlon
No. 08.7340 by changing the purpose oJ' use of 51 acre-feet of water per
annum from lrrigaliun purposes to recreation purposes tp offset the
evaporation created by the reservoirs included in Ali Permit. If the
amendment is not granted within two years of issuance of this permit, the
permit shall expire and became null and void without further Compaissioia
consideration,
b. Permitter is re,apontible for the continuing maintenance and repair of the damn
authorised heroln.
satisfy thi State water
of downstream tthe reamns
C. In such . qamities at t may be necessary to inflows
domestic and livestock users and the senior and superior rights of other
authorized water usere.
This permit is Is.tued sub/eet to all superior and ser:lor water rights in the
Nnity River Basin.
fslons contained herein and
to the granting conditiont and
of his per,
agre ment is a condition precedent the rms,
such
All other matters requested in the application which are not specUleally granted by this
permh are denied
This permit is issued subject to the Rules of the Texas Watu Commission and to tta right of
continuing supervision of State water resources exorcised by the Commission.
TEJIGlS WAMR COMMISSION
John Hall) Chairman
DATE' ISSUED:
A7TESTr
(3 oria A, Yasques, Chief Clerk
3
z
No. 3 - 013(:P--
A0.
ova
CITY of DENTON, TEXAS MUNICIPAL BUILOWC / DENTON, TEXAS 7620f / TELEPHONE (617) 56OWN
Office of the City Secretary
MEMORANDUM
DATE: August 25, 1993
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Agenda Item 10
The following is a list of the vacancies for the City0s
Boards/Commissions:
Traffic Safety Commission - resignation of Carl Guess - Chew
nomination
community Development Advisory Committee - resignation of JoAnn
Canales - Miller nomination
Electrical Code Board - Alternate position - Mayor nomination
Historic Landmark Commission - resignation of Joe Bailey - Perry
nomination
If you need any further information, please let me know.
J fer tars
i Sec ary
ACCOOOF4
r
Agendalt
Q411.
CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. WKINNEY / DENTON, TEXAS 76201
MEMORANDUM
DATE: August 27, 1993
TO: Lloyd V. Harrell, City Manager
t FROM: John F. McGrane, Executive Director of Finance
SUBJECT: MAJOR BUDGET ISSUES
Attached is a listing that staff has prepared of the major budget
issues that will be utilized in the discussion for the Council
meeting of August 31, 1993, Staff has utilized a listing from the
Major Budget Issues Report and incorporated those additional issues
that were asked for by Council.
If you have any questions, please advise.
JFMcGtaf
Attachments
AFF00716
t
i
1
8171566.8200 D/FW METRO 434.2529
AgeidaNo- L-
AgWalle S
Lute / .L-3 _
1993-94 MAJOR BUDGET ISSUES
GENERAL FUND
1. General Fund Reserve Level
2. Revenues
a) property tax
b) sales tax
c) ambulance fees
d) park and recreation fees
3. Pay Plan Adjustments
a) salary adjustments
b) incentive plus
4. Benefits Adjustments
a) health insurance
b) T.M.R.S. adjustment
c) tuition reibursement
5. Positions
a) Martin Luther King recreation center staffing
6. Other Agency Contributions (Human Services)
7. Transportation (SPAN & Handihop)
8. Tax Exemption For Persons Over 65
9. Fire Reserve Fund
10. Street Improvements
It. Legal Assistance
a) zoning
b) employee relations
12. Court of Record
~ea~a No
1993-94 MAJOR BUDGET ISSUES
U77LITIES
1. Electric
a) rates (3.2% increase)
b) positions
2. Water
a) rates (4% increase)
b) positions
3. Wastewater
a) rates (13% increase)
b) positions
4. Sanitation
a) rates ($.50 increase)
b) positions
c) recycling
> recycling coordinator
> maintenance worker 11
> cardboard recycling
> yard waste/composting
> plastics recycling
> cable T.V. network
> waste oil collection
> recycling site expansion
E \Yi DOCS\A ES\CEAT. ADJ
HANDOUT TO COUNCIL 8-31-93
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING AN APPLICATION
TO THE TEXAS WATER COMMISSION TO AMEND CERTIFICATE OF ADJUDICATION
08-2340 TO INCLUDE A 51 ACRE-FEET PER ANNUM OF RECREATION WATER
RIGHTS.
WHEREAS, the City of Denton is constructing three reservoirs on
Fletcher Branch for in-place recreational use at a proposed park;
and
WHEREAS, the Texas Water Commission has determined that the
reservoirs included in Application No, 5463 will have an average
evaporation of 51 acre-feet per annum; and
WHEREAS, the Executive Director of the Texas Water Commission
has determined that there is no water available for appropriation
at the project situ; and
WHEREAS, the City of Denton may amend the portion of Certifi-
cate of Adjudication No. 08-2340, which allows for the diversion of
water not to exceed 89.28 acre-fees per annum, from Pecan Creek for
irrigation use, by changing the purpose of use of 51 acre-feet of
the water per annum to recreational use to off-set the evaporation
created by the reservoirs; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
=LM-LL That the attached application to the Texas Water
Commission to amend Certificate of Adjudication 08-2340 that
changes 51 acre-feet per annum of the 89.28 acre-feet per annum of
irrigation water rights to recreation water rights In approved.
SECTION II That the City Manager is hereby authorized to act
on the City's behalf in executing the Application.
PASSED AND APPROVED this the day of
1993.
BOB CASTLEB£RR OR, MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY.,
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
HANDOUT TO COUNCIL 8-31-93
MEMORANDUM
To: Lloyd Harrell - City Manager
From,. Tom Klinck, Director - Human Resources
Date: August 26, 1993
Subject: 1993/94 Budget - Health Insurance Program Options
This memo is to provide you with an update on the discussions and
negotiations between Philadelphia American Life Insurance Company
(PALICO) and the local health care providers (primarily doctors
and the two hospitalsl concerning the City's Health Insurance
Program for the plan year beginning January 1, 1994. I will also
provide some options concerning the 1993/94 Proposed Budget for
the 20% increase included in the budget as a major budget Issue.
To ensure a point of reference, a few background items are
explained. The first year with PALICO we experienced a
significant increase in claims costs 1January 1, 1992 to December
31, 1992 - $2.8 million). For the second year (January 1, 1993
-December 31, 19931, the plan design was altered and changed to
aid in reversing this serious cost trend and to hold our January
19 1993 rate increase to the 16% budget in the current budget
year. The plan design and rate increase changes went into affect
in January, 1993, however, there is about a 3-month lag between
claims incurred and claims paid. Thus, when the City (through its
consultant, Coopers 8 Lybrand) began discussions for a re-rate for
January, 1994, PALICO's underwriters were using somewhat limited
data to determine how well the changes were reversing the adverse
claims trends for the 1993 plan year.
The PALICO re-rate for the City's Health Insurance Program,
effective January 1, 1994, is 8.72% but with several significant
conditions. The most important condition is that the local
doctors and hospitals must agree to participate in a "shared-risk"
contractual arrangement.
For the doctors, this means that there would be several
(approximately 30 - 40) primary care providers who would provide
general physician services and serve as a "gatekeeper" for
employees or dependents who needed specialty care. These doctors
would further agree to a fee schedule and budget for the plan
year. If they managed the care prudently and efficiently, they
would receive a "bonus". If the costs exceeded the budget, they
would share in the loss.
August 26, 1993 Health Insurance Program
Budget -
Memo to L. Harrell - options
Page 2
For the two local hospitals, "shared-risk" would mean agreeing to pro be held n a reimursement schedule for
cost effectivoouse ofchospitalnd
consequently, wou
services.
The PALICO renewal conditions also will require more
responsibility for employees and dependents in pre-certification
of specialty care by a physician (cardiology, etc.). Covered
amspecialtynphysiciannwithoutdfirst receivingban approvedrectly to
referral.
In concept, all parties are in agreement that this "shared-risk"
would to more cost effective for the City's health insurance
program. However, as details are discussed, there is less enti
ment ma
re ar
mat wereatonoccur, PALICO wouldnnot renewywith theeCityiin.1994.this
in order to deal with this contingency, we will be bidding our
health insurance program with the condition that we reserve the If the materializes, weacollubiddsaccept(so continuerwithiPALICOjngement
Since the 1993/94 proposed Budget includes a 20% rate increase and
the re-rate (with all the conditions attached to it) is 8.72%,
there is approximately $94,000 that could be used to fund other
programs. Redirecting any of these funds, however, should be
decided with care since the re-rate is conditioned on the fact
that the "shared-risk" arrangement is p agreeable tIfall parties and
implemented with the January 1, '1994 risk" arrangement 99_0 09A get worked out and agreed to, any bids
for our health coverage would have to be within the 8.72% in order
to implement a new health insurance program within budgeted
resources (assuming the $94,000 has already been used for other
purposes).
Thus, we would propose two options given the current state of
is position
negotiation
to continues ton prthe ovide a re-rate health insurance program y for employeesd
and dependents:
t
August 26, 1993
Memo to L. Harrell - 1993/94 Budget - Health Insurance Program
Options
Page 3
Option I - Shared Risk Arrangement with PALICO - 8.72% in Budget
This Option (see Attachment A) provides that the City's 1993/94
Budget retain sufficient funds to cover an 8.72% Health Insurance
increase with the current PALICO program. It assumes that the
"shared-risk" arrangement will be finalized and implemented
satisfactorily with the January 1, 1994 Plan Year. If the
"shared-risk" arrangement does not materialize, the bids by other
potential carriers, if any, would have to be funded within the
current dollars devoted to health insurance plus an 8.72%
increase. If the bids were significantly higher than this, we may
request some funding from the fund balance. This option would
free up approximately $94,000 from General Fund expenditures
($155,841 City-wide) for other budgetary purposes.
Option iI - Bid Health Plan - 14% in Budget
This Option (see Attachment B) would also provide that the City's
1993/94 Budget retain sufficient funds to ccver air 8.72% Health
Insurance increase with the current PALICO program. However, it
also provides for An- additional DA contingency that would servo as
a "cushion" should the "shared-risk" arrangement not materialize
and require the City to place its coverage with another insurance
carrier. It provides for some additional funding to cover costs
by other potential carriers that may be above the 8.72%, so that
there would be adequate funds to cover any needed increase. This
option would free up approximately $50,000 from General Fund
expenditures ($82,894 City-wide) for other budgetary purposes.
If you need further information, please let me know.
J*0&4
Thomas N. Xlinck
lhmeml4.tk
8/28/93
I
y
r
25•Aug-07 ATTACHMENT A
Falrtlla,wal
OFIION 1~' SHARED-RISK ARAANOEMtN7 0h14 AM
HEALTH INSURANCE ►ROORAN
1114 RENEWAL RATE
A33UNES 6.72% RATE SKREA39
1. 4411111f1/1411111111111f If If11.111f It1111f 111111114•IIt1111111t•i•It if Ytllf It if 111111i/1f I1i111fff11i11f 1•If 1/111
Now Rate ludgeted Adjusted 5avln9s
current New Rats 1111 1111114 1111/14 Variance Jan. 1111
1917 logo Employee City's City's Budgeted Thew
Coverage Enrollment Rates 1 6.72% 6.72% Cost/00. Cost/a. ml" 6avingo esp. 1110
(mo.) (mo.) (ee.t 20%#14 6.721144 Adjusted Per imonth 0 we.)
Employee only 360 $201.15 $211.60 112.50 1231.70 5210.30 621.00 $0,157 173,201
Employee 6 Spouse T6 312.00 340.06 133.76 231,70 210.30 21.40 11641 15,025
[mployee 4 children 111 270.21 217.62 11.12 231:70 210.30 21.40 3,116 34,094
Employee 4 Fee 111 174 311.00 425.10 211.10 231,70 210.30 tt.40 3,724 33,511
TOTAL ....509 117,316 5111,10
unn uetasaausu■m is
to atnnaae
BREAKDOWN OF SAVINGS BY FUNDS
0[11. REEK. ELECTR. WATER WATER/1M Sault. N/CA►. OTHERS TOTAL
NO. OF EMPLOYEES 416 4 125 IS 46 31 t0 4 601
FERCENTAOE BY FUNDS 60.32% 0.494 15.452 4.03% 5.93% 1.30% 2.47% 0.11% 1006
IN" By FUNDS 14,009 771 24,079 12,12E 11241 1.124 31151 11541 $153,141
r
i
PalrtllD.>rMt SS-Aug•13 ATTACHMENT B
OPTION I1: 110 NEALTM PLAN 03:57 WN
HEALTH INSURANCE PRCOAAM
ASSUMES 11% 110 RATE INCREASE
1111 PLAN YEAR
tttNttetttttttuttttttsttttttttttattlttttttuttuttttutuautttttttttuuatttttttttttttttttuuttttattautua
NOW Rote Wd9eted AdJumted Savlnls
Current Now Rats 1111 1511/31 1107/11 Varlan s Jan. 1111
1913 1011 Employee City's City's Budgeted Thru
Coverage Enrollment Rates S 14% 111 Cost/mo. Cost/mo, aInue Savings Sep. 1911
Imo.) (mo.) (mo.) 20%111 144#4 AdJusted Per month (1 me.)
Employee only 210 1201.29 5121,43 $12.11 1231.70 1220.32 111.11 $4,226 131,037
Employee a Spouse 18 312.10 $16.91 140.21 231.70 220.32 11.31 110 7,162
Employee 6 Children 177 270.21 200.09 11.17 211.70 220.32 11.31 21019 11,131
Employee 3 Family 174 311.00 445.71 221.13 231.70 220.3E IS.31 11111 170429
TOTAL 801 111310 112,111
sr uaea■e■■t ■~Ba Ua4i■■ta■iB .Baton
BREAKDOWN OF SAVIVW BY ►UN08
OEN. ARCO. ELECTA. WATER WATER/MN Bsnit. M/CAP. OTHERS 10TAL
NO. OF EMPLOYEES 411 4 420 41 48 !1 20 1 101
.ENTAOI BY FUNDS 10.321 0.195 IS M% 1.031 8.031 61305 2.47% 0.10% MOOR
BAVINOB BY FUN" 50,003 410 12,804 8,660 11116 10221 21011 020 142,814
Data sour": 944 NO. PAIOFUND
ONE TAX DOLLAR DISTRIBUTION
CITY SCHOOL DISTRICT CNTY
~
mq "j„
F 76788238 0
6
1 [F?67882380
''v
sum
9 ; MWR~y Y.A~R, F767862380
~IYR~
Q
ANN&L
"6 F 6
F7678823 80 M, X. Six= QORAMMMUM
M Ml l ~ Y, RMYII
9 F767082380
Mmd&L
6
2 6
7b?8 so 1987 37.33% 48.48% 14.19%
1990 30.60% 67.17% 12.32%
1992 28.9696 69.2896 11.79%
,~1~tl,x dcd bu "I, oou/
f13//9S
sumxARY OY RE9PONSEB TO QUESTION
1993-94 IROP08ED BUDGET
AUGUST 31,r 1993
t
i
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SUMMARY OF RESPONSES TO QUESTIONS
1993-94 PROPOSED BUDGET
AUGUST 31o 1993
1. MLK Position
2. Sanitation ROI
3. Health Care Plan-Analysis
4. Ft. Worth - No Increase Health Care Plan
5. Ft. Worth - No Tax Increase Budget
6. Library - Restructuring
7. Recycling Coordinator
8. Fire - OPTICOM
t t
CITY OI DENTONg TEXAS MUNICIPAL BUILDING / 2f6 E. MCKINNEY / DENTON, TEXAS 7620f
M 6 M 0 A A N D U M
a a a m a a a a a n
TOt Lloyd Harrell, City Manager
FROM$ Rich Dlugas, Director of Parks and Recreation
DATES August 25, 1993
SUBJECTS MAJOR BUDGET ISSUE - MLK POSITION.
saaaaaamsaaaaaeaaavananaaaaasasaaaasaaaaaaaaaaaaasasaaaaaaaaasaaa
in response to Councilman Chewts request for costs associated with
an additional full-time position at Martin Luther King Recreation
Center:
Attached is the salary and benefits for a full-time Recreation
Specialist position. This position could work with the
expanding Hispanic community, and also provide additional
staffing hours for the center.
Rich Dlugas
Director of Parks and Recreation
RDtpl
Attachment
AJJ007A8.WP5
817/566.9200 D/FW METRO 434.2529
MAJOR BUDGET ISSUE
MLK POSITION
i
POSITION NUMBER RECREATION
oe;asroa TITLE SPECIALIST
MONTHS EMPLOYED 0
WORKER COMP RATE 0.0158
BOTTOM OF RANGE '93
HOURLY RATE 10.78
x
NO. OF PAX PERIODS 28
HOURS PER PAY PERIODS 80
SALARY SUB, TOTAL 22,422.40
HOURLY RATE
x
NO. OF PAY PERIODS
x
HOURS PER PAY PERIODS
SALARY SUB TOTAL 0.00
BENEFIT 1,179.42
ALL SALARY SUB, TOTAL 22,422.40
SERViCE/MAiNTENANCE 8021
OFFICE CLERICAL SALARY 8022
TECH-PARAPROFESSIONAL 8023
PROFESSIONAL 23,601.62 6024
MGMT SUP SALARY 6025
TEMPISEASONAL 8028
OVERTIME 8841
LONGEVITY 0,00 6051
FICA 1,805.54 8061
TMRS 1,812.00 8062
WORKER'S COMP, 368.19 8064
HEALTH INSURANCE 2,87555 8065
LIFE INSURANCE 80.72 8068
TOTAL PERSONAL SERV, 30,143.82
r
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201
MEMORANDUM
DATE: August 27, 1993
TO: Lloyd V. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance
SUBJECT: SANITATION Rol
During the budget discussions, a question arose on the charging of
the Sanitation Fund a six (6t) percent return on investment. The
current city charter does not provide for the assessing of a six
(64) percent Rol on the Sanitation Fund. At this time, I am not
sure whether a charter amendment would be required in order to
allow the payment. If the liricussion continues, and we would like
to pursue the possibility, 1 will submit a request to the Legal
Department for a legal opinion. However, assuming thRol at there istno
prohibition from doing so, a six (64) percent
Sanitation Fund to General Fund would return approximately
$140,000.
in the current budget
is anticipated to bring in approximately ($125F,000,nandriscbased fee
amount generated percentage would e approximately
four percentage (44) percent, the revenue.
$166,000.
Another con:.ideration in regard to an Rol is that it is based on
net book value (depreciable assets) and; therefore, unless
significant assets are added to the fund, the amount generally
decreases over a time. Whereas, with a franchise fee, if the
amount of revenue increases on an annual basis, the amount
transferrable also increases. The Sanitation Fund does plan on
additing additional assets over the next several years with the
addition of a new landfill. However, once the current landfill is
closed, it will be fully depreciated and will not contribute to
Rol.
If you have any questions, please advise.
JFMcolif
AFF00718
V71566-8200 7/566.8200 D/FW METRO 434.2529
s
a,a,H
G
C17Y O! DENTOM TEXAS MUNICIPAL EVIL DING / 215 E. MCKINNEY / DENTON, TEXAS 76201
MLMORANDUM
DATE: August 17, 1993
TO: Lloyd V. Y,arrell, City Manager
FROM: John F. McGrane, Executive Director of Finance
SUBJECT: HEALTH CARE
The attached memorandum from Tom Klinck outlines issues relating to
health care adjustments for fiscal year 1993-94. This information
is being provided as backup for future budget discussions.
If I can be of further assistance, please advise.
JGMcGraf
Attachment
AFF00719
8171566.8200 D/FW METRO 434.2529
MEMORANDUM
To: Lloyd Harrell - City Manager
From: Tcm Ki1nck, Director - Human Resources
Date: August 26, 1993
Subject: 1993/94 Budget Question - Changes in Health Providers on
City's Health Insurance Program
Attachment I is a display of health care providers (doctors,
mental health providers, etc.) by plan year 11992 vs, 1993) and
how that has changed.
It shows we've had an overall increase in providers, The major
increase was in mental health (psychology/counseling) providers.
Doctors specializing in a particular area of medicine have
increased by 4.
The plan design changes implemented January 1, 1393, put in place
a pre-certification program for mental health care. Current
claims experience indicates that this is working to control claims
costs. The proposal for the January 1, 1994 plan also calls for a
"gatekeeper" approach and procedures to better manage referrals to
physician specialty areas.
Attachment II shows the dollar claims and percentage of total oy
major diagonistic category for the 1992 Plan year (January , -
CIecember 31, 1992) and the first 6-months or the 1993 Plan Year.
It further illustrates that the plan design changes we implemented
are beginning to properly impact and control claim3,
please let me know if you need additional information.
J/t)(./
Thcmas W. KlincF
lhmeml6.tF
8/26/93
ATTACHMENT 1
ProvGrW o o
25-AU1-S!
05;51 PM
CITY Of DENTON HEALTH 14SURANCE NETWORK
t
SPECIALTY 1111 1113 VARIANCE
All[ROY
1 ! E
ANESTHESIOLOGY 1 I
ALN)IOLOGY 1 1 0
CARDIOLOGY ! ! I
CAROIOTMORACIC SURGERY 0 1 I
CHIROPRACTIC 4 T !
CRNA ! ! 0
DERMATOLOGY 2 ! 1
ENDOCRINOLOGY/INT. MED.
OIASETIC 1 2 1
FAMILY PRACTICE 30 32 2
GASTROENTEROLOGY 2 2 0
GENERAL SURGERY T T 0
OYN-INFERTILITY-01, 10 12 t
HEMATOLOGY-ONCOLOGY 4 4 0
INTERNAL MEDICINE 5 1 !
INTERNAL MID,/PULMONARY 2 2 0
MEDICAL GENETICS I 1 0
NEPHROLOGY jxI0NEY5 ! ! 0
NEUROLOGY ! 2 .1
OCCUP. THERAPY
! 1 1
OPHTMALMOLOOY 0 1 6
ORTHOPEDIC SURGERY ! 5 2
OTOLARYNOOIOGY (ENT) 0 ! !
PATHOLOGY I 2 1
PEDIATRICS 1 T •1
PHYSICAL MED. 0 T 1
PHYSICAL THIRAPY 11 S .2
PLASTIC 1 RECONSTRUCTIVE
SURGERY 1 2 1
PODIATRY ! ! 0
PSYCHIATRY 4 1
~SYCMOIOGY/COUNSELING 12 to 14
RA020100Y 1 T 1
RNIUMMOLOGY/ARTHAITII 1 1 0
SPEECH PATHOLOGY ! ! 0
SURGERY 1 0 •1
UAOLOOY ! ! 0
TOTAL 111 11T !1
■utafaateeaarnnusfunf
TOTAL SPECIALTY ARIAS 39 36 4
a.r e µ
ATTACHMENT II
J
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CITY OF DENTON
MAJOR DIAGNOSTIC CATEGORY REPORT
January 1, 1992 • December 31, 1992
Ma or Diagnostic Cate lo Amount Paid Percent of Total
w. t'.r; a . zr
NEOPLASMS (TUMORS) 265,988
13.7%
GENITOURINARY SYSTEM 219,669
11,3 %
MENTAL DISORDERS 209,124 10.8%
MUSCULOSKELETAL SYSTEM 199,381
101%
DIGESTIVE SYSTEM 183,028
9.4%
RESPIRATORY SYSTEM 156,225 8.1 %
CIRCULATORY SYSTEM
151,841 8%
INJURY i POISONINGS 138,690
7%
fLL-DEFINED CONDITIONS 104,518 5.4 %
PREGNANCY i COMPLICATIONS 101,109
S.2%
NERVOUS SYSTEM DISORDERS 82,469
3.2%
PERINATAL CONDITIONS 47,133 2.4%
MISCELLANEOUS 32,568 1.7 %
METABOLIC DISEASES 24,240
12%
WIN DISORDERS 21.4 10
1,1 %
INFECTIOUS DISEASES 15,187
0.8 %
BLOOD DISORDERS 8,083
0.3%
CONGENITAL ANOMOIJES 1.'4 0%
GROUP TOTAL' $1,941,014 100%
Coopers Carrier: PALICO
&Lybrand
Male... RMI Page 7.1
it
k
~~.°ra J.,-s',v ',~N., Wi'•Ad: l,. ,Wt .,'F x
City of Denton
SERVICE GROUP REPORT
January 1, 1993 • June 30, 1993
Ma or Ola noel!
o Category Amount Paid Percent of
Total ;
CfRCULATORY SYSTEM
$107,138 125',1
NERVOUS SYSTEM DISORDERS 69,635 }
10,1 x
GENITOURINARY SYSTEM $8,606 10.3%
RESPIRATORY SYSTEM 87,881
10.2 X
MENTAL DISORDERS 83,758
9.7 x
MUSCULOSKELETAL SYSTEM 77,693
9.0%
DIGESTIVE SYSTEM 68 701
7.8%
INJURY a POISONINGS $4,978
6.4%
PREGNANCY a COMPLICATIONS 49,064
5.7 x
NEOPLASMS (TUMORS) 45,786 5.3%
ILL-DEFINED CONDITIONS 39,975
4.6 x ;
SKIN DISORDERS 10,565
1.2 x
BLOOD DISORDERS 9,940
1.2%
CONGEWAL ANOMOLIES 7,950 0.0%
METABOLIC DISEASES ?,934 0.911,
INFECTIOUS DISEASES 7,838 0.0%
PERINATAL CONDITIONS 3,291 0,4%
MISCELLANEOUS 22,013 2.0%
' GROUP TOTAL' $660,631 100%
MW i,
Coopers Carrier; PALICO
I &Lybrand
M~derN(TM) Pape 7.1
I
I
MEMORANDUM
To: Lloyd Harrell - Cite !tanager
From: Tom Xlinci7, Director - Human Resources
Date: August 26, 1990
Subject: 1993/91 Budget Question - City of Ft. Korth - ON
Increase Health Insrrance Program
r called and talked with Ns, Si.tsan Bulla, Director of Risk
Management at the City of Ft. Korth, about the question by City
Council concerning a 0% increase in the Ft. North employee's
health insurance program,
She -onfirmed that ir, the upcoming Midget year, their carrier,
Harris Methodist Health Systems, is not proposing an increase in
their health iraslirance premi+ims or costs,
1boi:t 2 year:A ago, Harris-Metihodist ira~ the low bidder for their
program. Harris-4ethod[st is art off-shoot of the }larris-Methodist
Health network and has developed a local Health Maintenance
Organization (1010), a managed health care company (similar to
Maxicarel. They have been aggressively pursuing business and
adding and hrailding their network of doctors, hospitals, and )ther
health care providers. Currently, they have around 900 doctors
and other health care proaiders and about 4 major hospitals in tine
Ft. Worth area to provide health services for about 4,800
employees 112,000 covered employees and dependents) at the City of
Ft. Knrth,
!Is. Bulla :,ttributed the 0% increase to extremely favorable cl-lims
e\perience over the 4 years they hnae been with managed care IH401
carriers. She indicated, too, that sore of the preventative care
prnvided by the HMO is beginning to show rap and she suggested that
tLete was some "luck" involaed, Of course, with 12,000 lives,
they have a significant bargaining influence and, perhaps, more
flexibility due to their location in a major metropolitan area.
Its our dikcos ion concerning the Health Insurance major budget
issue for the 199.1/9i Budget, we will be recommending bidding our
health insurance program. P.ALICO, our current health insurance
cirrinr, his pro; ided .a J:uii:ary 1, 1994, renewal brat conditi-)nod
on a ".Shared-rl'k" strrangement. helug developed and agreed to with
local medlcnl pvnviders. We s+:ggest bidding the health ins:irrin,•e
to Letter io;i(ion ourselvPa should the "shared-risk" nrrnngsment
not mntorlrilize.
R
W" S t ? f l, 1~, ~
Memo to f-. Harrell - Cit;r ,f Ft r Worth 3 ram
Page lhutease Health
Ins„rance P
Harris-Methodist. Health Ontems has indicated an interest in
bidding on our program, As a part of the bid analysis process, we
.owl l nee ,l to a%aWte the nnmlrer and UPes of health care
providers (doctors, hospitals, and other health care providers)
they could Provide for Penton r. it; eupio}ee.s, as wetI as their
plan design fcotetages, co-pig;, ohl -of -pocket maximum costs,
?tc•I and ptomiims ahd aiministrati%e costs in cohsider}ng whether
this firm could meet am City's and employee's health care needs.
If you need further information, Please let me know,
Thomas W. 6linck
r
lhmeml5,tk
•4/2fi/93
~I
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CITY of DENTON, TEXAS MUNi0PAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201
MEMORANDUM
DATE: August 26, 1993
TO: Lloyd V. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance ✓
SUBJECT: FORT WORTH TAX RATE
During the Council budget review session on August 24, 1993, a
question arose on how the City of Fort Worth was able not to
increase its tax rate above its current $.95 per $100 valuation.
In order to kaep the same tax rate, the City of Fort Worth has had
an offset in other revenue areas. First, the City will pull $3.1
million from their debt service reserve which will then decrease
the amount of debt payment requirements from the ad valorem tax
rate. This will allow for an increase in the operation portion of
the ad valorem tax rate for the fiscal year 1993-94. Secondly,
Fort Worth has entered into a new franchise agreement with Texas
Utilities allowing the fee to go from three (31) to four (41)
percent. In addition, a fifteen (151) percent rate increase has
been instituted by TU. The additional one (11) percent franchise
fee and the rate increase is estimated to bring in approximately $6
million in fiscal year 1993-94. In addition, TU made a one time
payment of $3.4 million in the current year which will be utilized
in the 1993-94 budget.
As you can see, the City of Fort Worth has significant amount of
revenue coming from other areas to offset any tax revenue decrease.
If you need any additional information, please advise.
JFMcfaf
AFF0070F
8171566.8200 D/FW METRO 4342529
ti
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Iv1ENJORANDUN1
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: EVA POOLE, LIBRARY DIRECTOR
DATE: AUGUST 27, 1993
SUBJECT: LIBRARY REORGANIZATION
The leadership of our public library must create an environment in which our
future is ensured. To do that we must plan for library services that anticipate
changes rather than react to them. We must be ready, as our community evolves
through changing demographics, increasing cultural diversity, nontraditional
family structures, shifting economic conditions, the application of new
technologies, and a work force in need of retraining, to position our library right
now as the central, free, cultural, educational and informational resource for all
the people in the community we serve. Our library cannot achieve this strategic
vision without additional staff.
It has been almost five (5) years since an additional clerical position has been
added to the library staff. (Last hire date: 05116/89, for a page.) The following
statistics indicate that our current support staff of two (2) library clerks, five (5)
library pages and one (1) library assistant cannot effectively or efficiently
provide quality service to all library users. Even with the help of community
service clientele and several adult volunteers, all of the work cannot be done.
Books pile up on the floor, both those waiting to be checked in and those ready to
be shelved. New materials are not being processed in a timely manner because
too few staff members are available to help during peak periods.
I have been observing that patrons see a long check-out line and do not bother to
get into line, or get tired of waiting in line and leave without checking materials
out. This is simply not good library service. The workload is tremendous and
results in numerous staffing problems and inefficient customer service:
• On the two half-staff days each week (Monday and Saturday), only four
(4) people are manning the circulation desk as library users stand in
long lines waiting to check out materials.
• Support Services staff out on sick leave and vacation cause major delays
in the number of books that can be reshelved. and sometimes complete
work stoppage in Technical Processing occurs when staff from this unit
is pulled to assist customers at the circulation desk.
1
i
• Librarians who should ideally focus on the reference and informational
needs of our customers are required to catalog books since we do not
have a full-time cataloger to catalog materials.
• Staff morale in Support Services is extremely low because staff never
have the feeling that they are getting ahead of the increasing workload.
Just keeping the books off the floor takes a tremendous toll on our
limited staff.
• We do not have enough Support Services staff to provide sufficient
coverage for the circulation desk while other staff shelve materials.
What is even more demoralizing is that the several different measures we have
implemented to increase the efficiency without increasing staff hive failed. For
example, when we instituted a three-week check-out period with no renewals instead
of a two-week time limit, we received over 50 written complaints about the policy
chang-I from our library users.
have carefully analyzed how we can increase our staff and pull the library out of its
organizational inefficiency and customer service inadequacy that now exist without
asking for a budget increase. 'The complete reorganizational process can realistically be
achieved with zero net cost impact, and will benefit the customer many fold:
• increase the number of materials that can be cataloged and processed each
month for both library facilities;
• make possible shorter check-out lines;
• decrease the number of complaints from customers who receive overdue
notices;
• decrease the amount of time customers have to wait to be notified of a book
on reserve;
• encourage and foster team management for librarians;
• move us closer to the standard of having enough staff to adequately serve
both city and county populations;
• boost staff morale;
• add additional staff to the front line at the circulation desk where it is
critically needed;
• add additional staff to the technical processing n•-° -vhere it is critically
needed, especially since staff will be processin Materials for the branch
facility as well as the central library; and
• add additional staff to totally concentrate on shel~..,g materials to meet
patron demand.
I have laid out the following strategic plan for major improvements in our current
2
,I
operations as listed below by exchanging the Library Services Mani; er position:
SUPPLEMENT PACKAGES FOR THE LIBRARY IN THE
PROPOSED 1993-94 BUDGET
FISCAL COST FOR
VEt,RI PT1ON IMPACT STAFFING
E~:change Library Services
Manager Position $64,582
007018025 - MGMT SUP. SALARY
(includes benefits)
Hire 2 Library Clerk 11'st - (35,865)
Full time (including benefits)
007218022 - OFFICE CLERICAL SALARY
2080 worker hours per position
Hire 1 Library Pagel- (16,287)
Full-time (including benefits)
007218022.OFFICE CLERICAL. SALARY
2080 worker hours per position
Professional Development for Eva Poole (2,612)
0070/8503 - TRAVEL - $2,117
0070/8522 - SCHOOLS/SEMINARS - $495
Restoradon of Travel requested in (2,100)
Supplemental packages for 1993.94
007218503 - TRAVEL - $500
0072/8522 - SCHOOLS/SEMINARS - $200
0073/8503 - TRAVEL - $500
0073/8522 - SCHOOLS/SEMINARS - $200
0074/8503 - TRAVEL, - $500
0074/8522 - SCHOOLS/SEMINARS - $200
1 All requested tx).sitions have kvn submiltcd ror classification study and received r&,ommendailon by tlumm
Resowrces.
3
Library Maintenance
(4,000)
Homework Center requested in
Supplemental package for 1993-94
0074/9109. BOOKS (1,500)
Restoration of Book Binding Fund
requested in Supplemental package for
1993.9,1
0072/8345 - BOOK BINDING (1,492)
Restoration of Building and Equipment
Fund requested in Supplemental package
for 1993-94
_4070/8 Ol B 1 L I f~, Au UIPMENT
Position (726)
Balance remaining from the Library Services Manager
$ 0
Two supplemental packages submitted for FY 1993.94, but not recommended for
funding were.,
• shelving for the Audio-Visual collection at $1,770.
• Wang PC for the Adult Services division at $2,550.
would be happy to answer any additional questions,
Eva Poole
Library Director
4
E
G.. Yoe
y , , I r
j(I
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201
M E M O R A N D U M
TO., R. E. Nelson, Executive Director of Utilities
FROM: Bill Angelo, Director of Community Services
DATE: August 25, 1993
SUBJECT: RESPONSE TO BUDGET QUESTIONS
During the August 24, 1993, City Council meeting, a few questions
were raised concerning the solid waste budget and the recycling
programs proposed in that document. In an attempt to respond to
specific questions, the following information has been prepared.
QUESTION #1
What is the budgeted salary for the Recycling Coordinator and
what other items have been included in that package?
As originally developed, the Recycling Coordinator Package included
$36,476 for salary and benefits for the coordinator positions
$1,025 for supplies; $2,875 in services; and $4,372 in fixed assets
for a total package cost of $44,748. Shortly after the budget was
presented to the Public Utilities Board, it was determined that the
filling of this position could be accomplished by transferring an
existing position from the Planning Department to the Solid Waste
Division. The transfer of this position to Solid Waate creates an
increase in program costs by approximately $11,370 for a total
program cost of $56,118 due to the salary and benefits currently
received by the incumbent filling the position. Although the
program cost for the solid waste budget has increased, the overall
cost to the City has not increased due to the $47,846 in savings
the transfer generates for general government.
A7693C/l
8171566.8200 D/FW METRO 434.2529
•
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RESPONSE TO BUDGET QUESTIONS
August 25, 1993
Page 2
Specific line item expenses for the Recycling Coordinator position
are as follows:
8024 Professional Salary $3J,278
8051 Longevity 432
8061 FICA 3,038
8062 TMRS 2,224
8064 Workers' Compensation 64
8065 Health insurance 2,675
8068 Life insurance 134
TOTAL PERSONAL SERVICES ;47,846
8101 Office Supplies $ 700
8102 Books and Magazines 100
8019 Portage 125
8115 Film 100
TOTAL SUPPLIES $ 1,025
8501 Telephone $ 500
8503 Travel Expense 11500
8505 Dues and Publications 500
8522 Schools and Seminars 375
TOTAL SERVICES ; 2,8'75
9102 Furniture and Fixtures $ 1,872
9103 Office Machines 2,500
TOTAL FIXED ASSETS $ 4,372
TOTAL PACKAGE $56,118
1 fl~fiARf ll~~f R~!
QvaeT
Does the Used Oil Collection Grant from the Texas Water
Commission accomplish the same thing as the Used Oil Collec-
tion Package of $9,9007
When the Public Utilities Board reviewed and approved the proposed
budget, the City had not received the most recent grant offer. The
$20,070 grant award will accomplish the same objectives as the Used
Oil Collection Package and will allow the City to expand the
A7693C/2
RESPONSE TO BUDGET QUESTIONS
August 25, 1993
Page 3
program well beyond original expectations. The receipt of this
grant, however, does not totally eliminate the need for the funding
provided in the package.
As discussed with the City Council during the consideration of the
grant request, the grant obligates the City to provide for the
proper disposal of any contaminated oil collected in the program.
While we hope that no contamination problems will arise, staff has
recommended a contingency fund be established in the amount of
$6,000 for the purposes of handling any contaminated oil disposal.
This $6,000 will come from the $9,900 package, leaving $3,900
uncommitted. Should the Council desire this, $3,900 could be used
to provide for used oil filter collection or other recycling-
related efforts.
I
QUESTION #3
What is meant by the term "avoided cost"?
In essence, the term "avoided costs" in the solid waste industry
refers to the value of landfill space saved through waste diversion
strategies such as recycling and source reduction programs.
Avoided hosts are calculated by multiplying the cost of landfill
space per cubic yard by the amount of space saved. For the City of
Denton's Landfill, the cost of landfill space for the 1993/94
fiscal year is estimated at $3.95 per cubic yards however, this
space will become more valuable in future years.
++++•rrrrrrr+r+
I have also provided an updated table which more accurately depicts
the cost, revenues, subsidies and avoided costs of the new
recycling programs.
A7693C/3
d
RESPONSE TO BUDGET QUESTIONS
August 25, 1993
Page 4
NEW RECYCLING PROGRAMS
RES COMM AVOIDED
COST REVENUES SUBSIDY SUBSIDY COST
Recycling Coordinator $ 56,116 $ 20,000 $ 18,058 $18,058 S 43,684
In-House and Office
Paper Recycling $ 29,227 $ 11,000 $ 0 !18,227 $ 2,054
Separate Yard Waste/
Composting S 84,650 $ 85,000 $ 0 $ 0 $ 42,618
Cardboard Recycling S 32,974 $ 35,316 $ 0 $ 0 $ 51878
Plastics Recycling $ 38,934 $ 12,181 $ 24,077 $ 2,676 $ 727
Cable Swap Network $ 51500 $ 0 5 51500 $ 0 5 0
Waste Oil Collection
Expansion $ 91900 $ 0 $ 91900 $ 0 0
Recycling Site Expansion S 25,280 1! 1,000 7,140 s 7,140 5,072
SUB TOTAL 8282,581 8174,497 $ 64,675 $46,101 $100,033
RES Comm AVOIDED
COST REVENUES SUBSIDY SUBSIDY COST
EXISTING RECYCLING
PROGRAMS 124 77 6! 7,500 S 42.956 1~ 4,319 23 5,462
TOTAL $407,356 $241,997 $107,631 $60,420 $125,495 j
s
R4R4}}4fRiR4RRR
Should you ha%e any comments or questions, please let me know.
Respectfully submitted,
Bill Angelo
A7693C/4
i
CITY OfDENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201
MEMORANDUM
TO,. The Honorable Mayor and Members of the City Council
FROM: Jon Fortune, Management Services Administrator
DATE: August 31, 1993
SUBJECT: OPTICOM
Staff is preparing additional information on OPTICOM to be provided
to you during a forth coming worksession.
r
JFelb
AFF00711
k
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8171566.8200 D/FW METRO 434.2529
P
2
SUMMARY OF RESPONSES TO QUESTIONS
1993-94 PROPOSED BUDGET
AUGi1ST 31, 1993
HANDOUT TO COUNCIL - 8-31-93
JEFF MOSELEY
COUNTYJUDGE C?
August 27, 1993
Honorable Bob Castleberry
Mayor
City of Denton
215 E. McKinney Street
Denton, TX 76201
Dear Mayor Castleberry,
As you may be aware, SB 773, which will provide statewide
funding for Poison Control was passed by the Texas Legislature
this year. Unfortunately, funds will not become available to
support Poison Control until next year. Therefore it is the
responsibility of the county, hospitals and the cities within the
county to ensure that this service is provided to our residents
once again.
As you may recall, last year the Poison Control Center
requested financial assistance from the county, hospitals and
individual cities to help cover the cost of operation. Due to
the lack of participation from the cities within Denton County,
the county eventually paid the majority of the annual costs.
Although this program is vital to the safety of each of our
residents, the County is extremely reluctant to assume all of the
costs again this year.
The shared cost of providing preventive poison control
services is very little compared to the potentially tragic costs
if reliable poison information is not available, We also believe
that poison control services will help to control ambulance
service costs, by eliminating unnecessary trips.
In fact, we are of the opinion that there is direct
relationship between the availability of poison control services
and the cost of ambulance Aervices. Realizing that Denton County
is a significant contributor to the funding of local emergency
medical services, there may be a variety of alternatives for
financing poison control if shared funding does not become a
reality.
DLNTON COUNTY COMMISSIONERS COURT o COVRTHOUSE.ON•THE•SQVARE
I10 W. HICKORY s DENTON, TEXAS 74201 d (611) 666.8681 4 1.800.546.6166
Fr: r„
City of Denton
August 27, 1993
Page Two.
The intent of this letter is to advise you of the necessity
for the development of a shared funding plan. As the deadline
for setting our budget draws near, it is important that the
county receive notification of your intent by September 8th,
1993.
It is our hope that Denton County and the City of Denton can
join together in the provision of this important service for the
residents of our communities.
,
PVe
LE Y ounty Judge
cc: Commissioners court
Bing Burton, Director of Health
F
3
CIrY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON. TEXAS 76201
MEMORAKDUM
DATE: September 3, 1992
TO: Lloyd V. Harrell, City Manager
FROM: John F. MCGrane, Executive Director of Finance
SUBJECT: NORTH TEXAS POISON CONTROL CENTER
Pursuant to your request, I have surveyed various entities on their
intentions of contributing to Parkland Hospital's North Texas
Poison Control Center. The following is a summary of responses.
• The City of Lewisville has denied the request by
the Center for a contribution. in talking with
the City Secretary, the Council's decision was
based on their philosophy that the contribution
should come from their area hospitals. it is my
understanding that the HCA Hospital in
Lewisville is contributing $5,000 to the Center.
• Denton County has authorized a contribution of
$5,000 to the Center and they are sending a
letter to the various cities and hospitals
recommending that each consider a contribution.
• Denton Regional Nediaal Center is not going to
contribute to the Center. They feel they have
adequate information in their computerized
system in order to handle poisoning cases that
may arise.
• SCA Denton is not going to make a contribution
to the center, In talking with the Assistant
Administrator, they have indicated that they use
an 800 number for the Poison Control Center in
Galveston and they feel that serves their needs
adequately. They have also indicated that the
North Texas Poison Control Center is giving them
an option to either contribute $10,000 or pay
8171666.8200 01PW METRO 434.2529
I
$125.00 per call to the Center. The Assistant
Administrator indicated that, even if they had
to use the Parkland Facility, it would be
cheaper for them to go on a per call basis. He
also indicated that for the same amount of money
it is possible to computerize into their system
a poisoning control information system.
However, they did feel the physicians available
to help consult in those type of circumstances
could still be utilized through Galveston.
• Parkland Hospital North Texas Poison Control
center. In talking with Mary Churchill from the
Center, she has indicated that it is their
intention that as of October 1, if sufficient
contributions to offset the cost for servicing
Denton County residents are not made available
they will have to discontinue service to either
county residents or individual city residents.
If service is discontinued through Parkland Hospital, our 9-1-1
dispatcher would need to utilize an alternate source for referral.
I have not been able to discuss with the local hospitals the
ability for referral. However, it may be possible to utilize the
Galveston center.
If you need any additional information, or have any further
questions, please advise.
i
JFMcG.,af
AFF00388